Provincial (Family) Court
If you’re dealing with a family law issue, you may end up in Provincial Court (often called Family Court). There are advantages to using this court instead of BC Supreme Court. Learn what’s involved at each stage.
What you should know
Family Court is a division of the British Columbia Provincial Court. (Other divisions of the Provincial Court deal with criminal, traffic, and small claims cases.)
Family Court deals with many, but not all, of the legal issues that affect families. It handles the following issues under the BC Family Law Act:
guardianship of a child and parental responsibilities
parenting time and contact with a child
child support and spousal support
protection orders
Family Court also deals with child protection cases.
Family Court cannot make orders under the federal Divorce Act. It can’t:
grant a divorce
divide property or debts, or make orders about family property
change an order that was made under the Divorce Act
make adoption orders
For these issues, you have to go to the British Columbia Supreme Court. This is the other court in BC that also deals with family law issues.
“My spouse and I ended our 16-year relationship. After separating, we couldn’t reach an agreement about spousal support and who our three children should live with. So I started a court action in the Family Court near me. I didn’t have to pay court filing fees, and I found the process easier to follow than I expected. At our family settlement conference, we ended up with a consent order that resolved our issues.”
– Annika, Maple Ridge, BC
The BC Supreme Court can deal with all family law issues, including all of the issues Family Court deals with. So why would you want to go to Family Court?
Family Court has some advantages over Supreme Court:
The Family Court forms are easier to understand. They’re written in plain language and include information on when to use them, next steps, and tips for completion.
No court fees are charged in Family Court.
The rules of court are simpler than the rules of the Supreme Court. Plus, the Family Court rules encourage people to try to resolve their issues by agreement earlier on in the court process.
Family Courts have family justice counsellors available. These are specially trained government workers who can help people resolve certain types of family law issues, including through mediation. Their services are free and confidential.
The atmosphere of Family Court is more informal.
Many Family Courts have family duty counsel available. These are lawyers who provide free legal advice to help people with low incomes deal with their family law problems.
There are registries at various Provincial Courts throughout BC. How the Family Court process works depends on the registry location and the type of court order you need.
Many Family Court registries have certain requirements you have to meet before you can get a date to appear in front of a judge. We explain these below, under stages in the court process.
But there are exceptions. In certain circumstances, you can fast forward the process. For example:
If you’re experiencing family violence, you can apply for a protection order. This a court order to protect one person from another.
If the other parent wants to move with the children or is refusing to agree to you taking them abroad on a planned holiday, you can apply for an order in a priority parenting matter.
Even after a family law case has been started, you can still try to resolve your issues without going to a hearing before a judge.
You might try negotiating with each other to try to reach an agreement. You could do this with or without the help of lawyers. You could also get help from other family members, elders, or other community members.
You could try mediation. This involves meeting with a neutral person (a mediator) who helps find a solution everyone can agree on. The mediator doesn’t make decisions, but instead helps the parties make decisions for themselves.
You can use a family justice counsellor as a mediator. Their services are free. (At some Provincial Court locations, parties are required to meet with a family justice counsellor as one of the first steps in the court process.) Or you can hire a private mediator.
Or you could try collaborative negotiation. This is also known as “collaborative family law.” It’s a kind of negotiation where each party has their own lawyer and agrees to do everything possible to reach a settlement without going to court. The approach emphasizes full disclosure, communication, and a safe and respectful environment to help the parties negotiate a settlement collaboratively.
For more on these approaches, see our information on mediation, collaborative negotiation, and arbitration.
If you can work out your issues, you and the other people involved can put your agreement into writing. Or you might want a judge to make a court order that reflects your agreement. This is called a consent order. Most family law cases are settled by an agreement or consent order.
Both parties must sign the written agreement or consent order.
Each party should get independent legal advice from a lawyer before they sign the document. This involves each party meeting with their own lawyer to get legal advice. A lawyer can explain:
what the agreement means
what rights and obligations the agreement gives to each party
how the agreement affects other legal options that might otherwise be available
See who can help, below, for options to get legal advice.
Stages in the court process
How you start a matter in Family Court depends on which court registry you use. There are two types of family registries in BC, and each has different first steps.
Most registries are Early Resolution registries. As of May 1, 2026, this includes every Provincial Court registry in the Vancouver Coastal, Fraser, Vancouver Island, and Interior regions — so most of the province. In these registries, you must try to resolve your issues before you can apply for a court hearing. You start by filing a notice to resolve a family law matter (form 1), not a court application.
The northern registries (from Williams Lake and up) are Parenting Education Program registries. In these registries, if your case involves children, you take the Parenting After Separation course before you file your application.
In any registry, if there's been family violence or you have an urgent parenting issue, you can apply to get into court right away.
We explain the steps for each type of registry under next steps, below.
The paperwork
In an Early Resolution registry, the first form you file is the notice to resolve a family law matter (form 1). Later, if you still have issues to resolve, you file an application about a family law matter (form 3). In a Parenting Education Program registry, you file the application once you've met your registry's requirements.
There's no fee to file family documents in Provincial Court.
You can fill out and file most family forms online using the Family Law Act online forms service. It asks you questions and puts your answers into the right forms. You can file electronically, or print your forms and file them in person.
If you file in person, bring a copy for the court, a copy for each other party, and a copy for yourself. The registry stamps your documents and gives your copies back. Depending on the orders you want, you may need other forms too.
After you file, you arrange to have a copy served on the other party. There are strict rules about how to give court documents to the other party.
Depending on which Provincial Court registry you're using and the type of court order you're asking for, you may have to complete certain steps before you can apply for a court hearing.
In Early Resolution registries, if your case involves issues such as parenting arrangements, child support, spousal support, contact with a child, guardianship, or a companion animal, you'll generally need to:
file a notice to resolve a family law matter (form 1),
meet with a family justice counsellor for a needs assessment,
complete a parenting education program (if required), and
participate in a consensual dispute resolution session, if appropriate.
After completing these steps, you can generally file an application about a family law matter (form 3) and proceed toward your first court appearance, unless an exception applies (for example, urgent matters or protection orders).
In Parenting Education Program registries, people with children under 19 generally complete the Parenting After Separation course before obtaining a court date, unless an exemption applies.
Unless you have an urgent family matter, the first time you appear before a judge will usually be at a family management conference. This is a 20- to 60-minute meeting with the other party and a judge. The judge will try to help you and the other party reach an agreement. If that’s not possible, the judge will help you get organized for a hearing or a trial.
At a family management conference, a judge can make court orders. If you and the other party agree about your family law issues, the judge will make a consent order. If you can’t agree, the judge may still make important interim (temporary) orders that can last at least until you have a hearing. Because of this, you must be prepared to tell the judge what orders you want and why. You can provide spoken and affidavit evidence to support your position.
If issues aren’t resolved at the family management conference, the judge can decide on the next steps in your case. This can include participating in mediation, attending a family settlement conference (an informal meeting with a judge to try to resolve the dispute), or setting a hearing date.
If a hearing is needed, the judge can make case management orders about timing, witnesses, documents, and other evidence to make sure the trial is conducted efficiently.
If you can’t settle your issues and have to go to a trial, you’ll have a hearing before a judge.
In your community, the Provincial Court might have a separate courtroom for family law cases. Or family law cases might be heard in one of the regular courtrooms on a particular day of the week. Usually there’s one day each week or every other week when the court will hear family law cases.
At the hearing, witnesses give oral testimony (they tell the court their side of the case) and present documents or other evidence. Often, the parties themselves are the only witnesses.
After all of the evidence has been given to the judge, each side will make arguments to the judge. They’ll explain why they think the judge should decide in their favor. The judge will then make an order resolving the issues.
Common questions
You don’t have to have a lawyer when you go to court. Many people bringing a case in Family Court represent themselves. The rules in Family Court are simpler than in Supreme Court and the atmosphere is more informal.
Who can help
Family LawLINE
A telephone service from Legal Aid BC offering free legal advice on family issues to people who can't afford a lawyer.
Family justice counsellors
Trained mediators who help families resolve separation-related parenting and support issues through free information, support, and dispute resolution.
For more options for legal advice, see free and low-cost legal help. It explains options such as legal aid, pro bono services, legal clinics, and advocates.
The BC Provincial Court website provides information about family law, rules, and court processes as well as links to resources.
Justice Education Society’s Family Law in BC website has self-help guides that include step-by-step instructions and blank forms you’ll need for going to Provincial (Family) Court.
This information from People’s Law School explains in a general way the law that applies in British Columbia, Canada. The information is not intended as legal advice. See our disclaimer.
Related
On Dial-A-Law
Dial-A-Law has more information on Resolving family disputes in the section on Families + Children.