Provincial (Family) Court Process
Steps to the Provincial Process
Once you’ve decided to file a claim in provincial court, there will be multiple steps before you reach a trial.Depending on your registry you will have different requirements to fulfill before you will appear in court on most issues. Remember, you can come to an agreement with your former spouse at any time, even though you are in the middle of a court case.
Here are some of the steps you may need to take as you can see on the flowchart.
Steps:
- Early Resolution steps (if required)
- Application about a family law matter - file, serve, reply
- Family Management Conference
- Family Settlement Conference (if required)
- File and serve a Trial Readiness Statement
- Trial Preparation Conference (if required)
- Trial
Resources
Guide: Family Law in BC Step by step guide on the provincial process
Forms: You can access the court forms online at Ministry of Justice
Protection orders
You can apply for a protection order under the Family Law Act by filing an Application about a protection order (Form 12). You do not need to have a case in court. If you have a case in court, it does not matter which registry you are in, you do not need to fulfill any early resolution requirements before filing for a protection order. It is a good idea to talk to duty counsel or another lawyer before you file your application.
You usually have to give the other party notice of a protection order by having someone serve them personally at least 7 days before the date the application is going to be heard. However, if you or your children are in immediate danger or there will be serious consequences if you let the other person know about the application, you can make the application without notice to the other party. If you ask for a protection order without notice you will have to satisfy the court that the risks and potential serious consequences are real. If you apply without notice, your application will be heard right away.
If you are granted a protection order, it will come into effect right away unless the order states otherwise. This means the other party has to follow it the moment the judge makes the order. If the person who the protection order is about is not in court when the order is made, they need to be informed of the order and personally served with it as soon as possible. The registry can help with personal service if the person is in BC.
