Going to family court in British Columbia can feel confusing, especially when you are already dealing with the stress of a separation or custody dispute. This guide explains how the BC court system works in plain language, so you know exactly what to expect.
More information on parenting arrangements after separation is available through
BC’s Parenting After Separation resources.
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British Columbia has three levels of court that hear family law cases:
Court Level | What It Handles | Cost & Complexity |
BC Provincial Court (Family Court) | Parenting, child support, spousal support, protection orders | Lower cost, simpler procedures |
BC Supreme Court | Divorce, property division, complex custody, all family matters | Higher cost, more formal procedures |
BC Court of Appeal | Appeals of decisions from lower courts | Most complex, requires prior court decision |
The Provincial Court (often called Family Court) is the most common starting point for family law matters in BC. It handles:
The Provincial Court cannot handle divorce, property division, or debt division. For those issues, you must go to the BC Supreme Court.
The BC Supreme Court handles the more serious and complex family matters, including:
The Vancouver BC Supreme Court Registry is located at 800 Smithe Street. Filing fees apply.
You file an application at the appropriate court registry. In Vancouver, most family matters start at Robson Square Provincial Court or the Vancouver Supreme Court Registry.
A judge reviews the case and sets timelines. Interim orders — temporary orders for parenting time or support — may be made at this stage.
A judge meets with both parties to identify the issues in dispute and explore whether any can be resolved. This is not a trial.
Either party can apply for temporary court orders while the case is ongoing — for example, for parenting time, child support, or a protection order.
If the parties cannot agree, the matter goes to trial. A judge hears evidence and makes a final order. Many cases settle before trial, but being court-ready from the start puts you in the strongest position.
In some situations, you do not have to wait weeks for a court date. You can apply urgently if:
You need a protection order due to family violence.
The other parent is threatening to relocate the children.
There is an urgent parenting or safety matter.
At a hearing, a judge listens to both sides and makes a decision. You will need to:
File your evidence in affidavits (sworn written statements).
erve documents on the other party.
Attend court in person or by video, depending on the matter.
Follow BC Supreme Court Family Rules or Provincial Court Family Rules.
Document | What It Is | When You Need It |
Notice of Family Claim | Starts a court case in the BC Supreme Court | When filing for divorce or property division |
Application | Starts a case in Provincial Court | Parenting, support, or protection orders |
Affidavit | Sworn written evidence | All court hearings |
Response | Your reply to the other party’s claim | When you are served with court documents |
Interim Application | Request for a temporary court order | During the case, before trial |
Consent Order | A court order that both parties agree to | When you reach a settlement |
Having a lawyer ensures your documents are filed correctly, your evidence is strong, and your arguments are well-prepared. The BC family court has strict rules, tight deadlines, and procedures that can be hard to navigate alone.
A missed filing or a poorly prepared affidavit can seriously hurt your case.
Learn more about how we can help:
Get Help from Your Family Lawyer in BC
A well-structured parenting plan protects your children and gives both parents clarity. Getting the right legal guidance ensures your plan is fair, detailed, and enforceable under BC law.
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Request A Consultation
*The Law Society requires all lawyers to collect this information before providing a consultation. Please complete the form below so we can proceed with your request.
The Provincial Court handles parenting and support matters, Supreme Court handles divorce and property division.
You are not required to have one, but having an experienced lawyer significantly improves your chances of a strong outcome.
Simple matters can be resolved in weeks, contested trials can take a year or more, depending on complexity and court scheduling.
Yes — emergency protection orders and priority parenting applications can be filed and heard quickly in Vancouver courts.
The judge may proceed without you and make orders against you. Always notify your lawyer and the court if you cannot attend.
