Choosing the Right Court
In BC, we have two levels of court that deal with separation and divorce issues: the Provincial Court, (also called the Family Court), and the Supreme Court. You may hear people referring to these courts as having jurisdiction, the right to rule, over different parts of your separation or divorce.
Depending on what issues you are dealing with, you will need to decide which court you will use. If you are making an application, you will need to choose which court to go to. Choosing the right court can save you time and money. For example, Divorce and property issues are only dealt with by the Supreme Court.
Which Court Does What?
| Issue | Supreme Court | Provincial Court |
|---|---|---|
Divorce Guardianship and Parenting Responsibilities Parenting Arrangements and Time Child Support and Spousal Support. Property/Debt Division Enforce Orders | ✓ ✓ ✓ ✓ ✓ ✓ | X ✓ ✓ ✓ X ✓ |
Resources
For more information on choosing the right court see the Family Law in BC’s Choosing Court Fact Sheet
Four Key Points about choosing court
Court Differences
| Provincial Court | Supreme Court |
|---|---|
| Fewer rules and easier to understand | More rules and more complex |
| Less formal and more flexible | More formal and less flexible |
| Less paperwork | More paperwork |
| More people representing themselves | More lawyers representing clients |
| Allows spoken evidence | Requires written evidence |
| More locations | Less locations |
| No filing fees | Filing fees: $200 to start, plus… |
| Cannot award costs - just expenses | Can award costs and expenses |
Court Rules
Once you have decided which court you are going to, you will need to follow the rules that apply to that court.
For each court, there are family law rules that describe…
- Who can file documents
- What can you file
- How to file
- How much time do you have to file
- What filing will cost
- How to give (serve) your documents to the other person
- What happens with orders
- How to change documents you have filed
As a self-representing litigant, it is your responsibility to know and understand the rules. The judge can only give basic guidance at your trial. For additional help check out Free and Low Cost Legal Help.
Judge’s Tips
Do not confuse the two sets of rules with each other:
- The Provincial Court Family Rules apply to family cases being heard in the Provincial Court
- The Supreme Court Family Rules apply to family cases being heard in the Supreme Court
Lawyer’s Tips
The rules might not always be followed. A judge has the ability to allow for variation on the rules, like extending a time period. Don’t count on the judge changing the rules for you. Follow the rules.
