Keith Mack
If you're looking to start a family law case in British Columbia, there are a few things you should know. The type of court registry handling your case will determine the steps you need to take, and there are three types of court registries in BC. If there are children involved, you must file your application in the court registry closest to where they live most of the time. Before asking for a parenting or contact order, you may need to go through an early resolution process and attend a free online Parenting After Separation class. You can prepare for the family management conference by writing a script and planning evidence for the trial. The conference is informal, and lawyers can attend with their clients. If you cannot afford a lawyer, a free family duty counsel can attend with you.
| Characteristics | Values |
|---|---|
| Court type | Provincial Court or Supreme Court |
| Court location | Depends on where the children live most of the time, or where the applicant lives if there are no children involved |
| Court appearance type | In-person, telephone, video conference, or a mix of these |
| Case type | Guardianship, parenting arrangements, contact, child support, spousal support, protection, child protection, or financial support |
| Requirements | May need to attend a Parenting After Separation class, meet with a family justice counsellor, or file a Notice of Exemption from Parenting Education Program |
| Forms | Form 45, PFA762, Form 1, PFA710, Form 8, PFA756, Form 11, F36 |
| Affidavits | May need to prepare a parenting plan and file it in an affidavit |
| ADR method | Mediation, collaborative law, or facilitated negotiation with a child support officer |
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What You'll Learn
Court registries and requirements
There are three types of court registries in BC, and the type that handles your case will affect the steps you need to take. If there are children involved, the person starting the process must file their application in the court registry closest to where the children live most of the time. If there are no children involved, the person starting the process files their application in the court registry closest to where they live.
If you started your case in a family justice or parenting education registry, you must attend a free online Parenting After Separation class. There is also a class specifically for Indigenous families. Anyone who has completed the course in the past two years is exempt. The course covers topics like family law, agreements, and going to court, and it also teaches strategies for making parenting decisions together. It lasts three to four hours total over one or more sessions. You must file a Certificate of Class Completion before the court will give you a date for a family management conference. If you're exempt from taking the course, fill out and file a Notice of Exemption from Parenting Education Program instead. In family justice registries, each parent must also meet one-on-one with a family justice counsellor for a needs assessment.
At a family management conference, the judge gets acquainted with your case (e.g. by reviewing your affidavits and evidence) and discusses the potential for settling. You can prepare for the conference by writing a script so you know what to say to the judge and by starting to plan evidence for trial. If the judge sets trial dates, you'll give an estimate of how much time you'll need. Consider preparing a parenting plan and filing it in an affidavit to show your ideal parenting arrangement and why you believe it would be best for the children. The conference is informal and usually lasts 20 to 60 minutes. Lawyers can attend with their clients. If you cannot afford a lawyer, you may have a free family duty counsel attend with you. If you don't attend the conference, it can proceed without you, and a judge can still make interim orders in your absence.
For your ADR method, you can choose mediation, collaborative law, or facilitated negotiation with a child support officer. Mediation with a family justice counsellor and facilitated negotiation with a child support officer are free through Family Justice Centres. Family justice counsellors also provide free mediation at Justice Access Centres. Additionally, the Access Pro Bono Mediation Project offers free mediation to low- and modest-income parents. To ask the court for a parenting order, file an application. If you live in an early resolution registry, you'll file a Notice to Resolve instead. You can also request interim orders for parenting time and child support, which you'll receive more quickly than final orders. While interim orders are designed to be temporary, many parents end their court cases once they receive them. Your case won't officially begin until a non-involved adult gives copies of your paperwork to the other parent.
There are different requirements depending on the courthouse where your family case is being dealt with. For example, parents who have started a case in the Surrey or Victoria court registry need to go through the early resolution process before they can ask for a parenting order or any other type of family law order. Abbotsford, Chilliwack, New Westminster, Port Coquitlam, Surrey, and Victoria are Early Resolution registries. If you have an emergency or other special circumstances, you may be exempt from meeting the registry requirements.
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Parenting classes and education
If you have started a case in a family justice or parenting education registry, you must attend a free online "Parenting After Separation" class. There is also a class tailored to Indigenous families. In this course, parents learn about family law, agreements, and going to court. They also learn strategies for making parenting decisions together. The course lasts three to four hours in total, spread over one or more sessions.
Anyone who has completed the course in the past two years is exempt. You must file a Certificate of Class Completion before the court will give you a date for a family management conference. If you are exempt from taking the course, fill out and file a Notice of Exemption from the Parenting Education Program.
In family justice registries, each parent must also meet individually with a family justice counsellor for a needs assessment. This is a free service. At a family management conference, the judge gets acquainted with your case (e.g., reviews your affidavits and evidence) and discusses the potential for settling. The conference is informal and usually lasts 20 to 60 minutes. Lawyers can attend with their clients, and if you cannot afford a lawyer, you may have a free family duty counsel attend with you.
Consider preparing a parenting plan and filing it in an affidavit to show your ideal parenting arrangement and why you believe it would be in the children's best interests. If parents reach an agreement, the judge writes a final order, and the case ends. Otherwise, the judge determines the next steps in the case, which may include interim orders or setting a hearing date.
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Family management conferences
A family management conference (FMC) is a meeting with the other party or parties (the people who filed the application or are responding to it) and a judge to try to identify and resolve issues before trial. It is a less formal proceeding than a trial, with the judge sometimes wearing business clothes instead of court robes. The conference usually lasts 20 to 60 minutes and is held by audio or video conference unless a judge orders otherwise.
At the FMC, the judge gets acquainted with your case (e.g. reviews your affidavits and evidence) and discusses the potential for settling. If an order is made by the judge at the conference, it will be prepared and signed by the judge, and a copy will be sent to the parties. If the parties have lawyers, one of the lawyers will prepare the order and submit it to the court for the judge's signature. If the parties do not have lawyers, the court registry will prepare the order.
If all issues are not resolved at the conference, the judge will decide on the next steps, which may include directing parties to participate in mediation or other consent dispute resolution methods, or attending a family settlement conference. It is important to prepare for the FMC by thinking about key issues and how to reach an agreement. If you cannot afford a lawyer, a free family duty counsel can attend with you.
Before attending an FMC, you must attend a free online Parenting After Separation class, unless you are exempt. This course teaches parents about family law, agreements, and going to court, and strategies for making parenting decisions together. A Certificate of Class Completion must be filed before the court will give a date for an FMC.
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Court applications and paperwork
When starting a family law case in British Columbia, there are several steps and requirements that must be met. The specific process may vary depending on the courthouse and the nature of your case, but here is an overview of the court applications and paperwork involved:
Identify the Correct Courthouse and Registry:
There are three types of court registries in BC, and the type that handles your case will impact the steps you need to take. Identify the courthouse closest to where the children involved in the case live most of the time. If there are no children involved, file your application at the courthouse closest to where you live. Some courthouses, such as Abbotsford, Chilliwack, New Westminster, Port Coquitlam, Surrey, and Victoria, are designated as Early Resolution registries.
Complete Required Courses or Programs:
Before your case can proceed, you may be required to attend specific courses or programs. For example, if you started your case in a family justice or parenting education registry, you must attend a free online "Parenting After Separation" class. There is also a class specifically for Indigenous families. If you completed this course within the past two years, you are exempt. You must file a Certificate of Class Completion before the court will schedule a family management conference. If you are exempt, fill out and file a "Notice of Exemption from Parenting Education Program."
File the Necessary Court Forms:
You will need to fill out and submit various court forms, depending on your specific situation and the type of orders you are requesting. Some common forms related to family law cases in BC include:
- Notice to Resolve a Family Law Matter (Form 1, PFA710)
- Affidavit - general (Form 45, PFA762)
- Parenting plan (filed in an affidavit)
Ensure that you are using the latest version of Adobe Reader to access and complete the forms. When preparing an affidavit or order, the document must adhere to the prescribed wording and formatting. If submitting electronically, the document must be in PDF format.
Apply for Urgent or Interim Orders:
If you have an emergency or special circumstances, you can apply for an urgent order before requesting a standard parenting or contact order. The court will determine if your matter qualifies for urgency, and you will appear before a judge to present your case. If the judge finds an order to be necessary, it will be granted. Interim orders for parenting time and child support are also available and are typically granted more quickly than final orders.
Attend a Family Management Conference:
At this conference, a judge will review your case, including any affidavits and evidence, and discuss the potential for settling the matter. This conference is informal and usually brief, and you can attend with your lawyer if you have one. If you cannot afford legal representation, a free family duty counsel can accompany you. During this conference, you may be asked about your preferred parenting arrangement and why you believe it is in the best interest of the children.
Remember that the process of starting a family law case in BC can vary depending on the specifics of your situation and the courthouse handling your case. Always refer to the official resources and guidelines provided by the Province of British Columbia for the most accurate and up-to-date information.
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Court appearances and methods
There are three types of court registries in BC: emergency, special circumstances, and early resolution. If your matter is urgent, you may apply for an urgent order before asking for a parenting or contact order. The hearing may happen without the other parent present if involving them would put you or your child in danger.
If your case is in an early resolution registry, you must file a Notice to Resolve and attend a free online Parenting After Separation class. There is also a class specifically for Indigenous families. If you completed the course in the past two years, you are exempt. The course covers family law, agreements, and going to court, and strategies for making parenting decisions. It lasts three to four hours over one or more sessions. You must file a Certificate of Class Completion before the court will give you a date for a family management conference. If you are exempt from the course, you must fill out and file a Notice of Exemption from the Parenting Education Program.
At the family management conference, the judge will review your case and discuss the potential for settling. You can prepare by writing a script and planning evidence for trial. If you cannot afford a lawyer, you may have a free family duty counsel attend with you. If you do not attend, the conference can proceed without you, and a judge can still make interim orders in your absence.
For your ADR method, you can choose mediation, collaborative law, or facilitated negotiation with a child support officer. Mediation with a family justice counsellor and facilitated negotiation with a child support officer are free through Family Justice Centres.
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Frequently asked questions
The first step is to determine which court registry your case falls under. If children are involved, the application must be filed in the court registry closest to where the children live most of the time. If there are no children involved, the application must be filed in the court registry closest to where the applicant lives.
The family management conference is an informal meeting with a judge, lasting 20 to 60 minutes, where they will get acquainted with your case by reviewing your evidence and affidavits and discussing the potential for settling.
The Family Justice Services Division (FJSD) of the BC Ministry of Attorney General provides services to help separating and divorcing families resolve their disputes at Family Justice Centres.
