British Columbia Law
Family Law Court Process in Canada - How BC Family Court Works
When spouses cannot reach agreement on property division, child custody, support, or other family law issues, the matter may go to court. BC family law disputes are heard in BC Supreme Court (for complex cases) or BC Provincial Court (for simpler matters). Here is what happens at each stage of the court process.
Step 1: Starting the case - Application or Family Law Proceeding
To begin a court case, one party files an Application About a Family Law Matter (Provincial Court) or a Notice of Family Claim (Supreme Court). The document sets out:
• The parties' names and relationship (married, common law, etc.)
• The issues being disputed (custody, property division, support, etc.)
• What you are asking the court to order
• Key facts supporting your position
• Any relief sought (child support, spousal support, property division, custody orders, etc.)
The filing party is called the "applicant" or "plaintiff." The other party is the "respondent" or "defendant."
Step 2: Service and response
The respondent must be formally served with the court documents. Service can be done by:
• Personal delivery by a process server
• By mail to an address for service
• By email (in some cases)
• By other court-ordered methods if the other party is evading service
The respondent then has a set time (usually 30 days) to file an Answer, setting out their response to the applicant's claims and any counter-claims.
Step 3: Case management and scheduling
In Supreme Court, a case management judge is assigned to oversee the case and ensure it moves forward. They set scheduling orders for:
• Disclosure deadlines (when each party must provide documents and information)
• Examination for discovery (if needed) - a process where lawyers question the other party under oath
• Mediation attempts or settlement conferences
• Pre-trial dates
• Trial date (if the case does not settle)
Provincial Court is simpler and faster, with fewer procedural steps.
Step 4: Disclosure and exchange of information
Both parties must disclose:
• Financial information (tax returns, pay stubs, bank statements, investment accounts, property valuations, etc.)
• Documents related to the issues (separation agreements, emails, text messages, communications with the child, etc.)
• Information about assets, debts, income, and liabilities
Non-disclosure or hiding information is a serious breach that can result in sanctions and loss of credibility.
Step 5: Examination for discovery (Supreme Court)
If the case is in Supreme Court and does not settle during disclosure, each party's lawyer may conduct an "examination for discovery." This is like a deposition - one party's lawyer questions the other party under oath, usually in a lawyer's office. The testimony is recorded and transcribed.
Examinations for discovery serve to:
• Test the credibility of witnesses
• Uncover facts or documents the other party may be hiding
• Get the other party's account of events (their story) in detail
• Assess the other party's demeanor and how they might come across to a judge
Examinations for discovery often prompt settlement discussions because each party sees how the other will perform under questioning.
Step 6: Settlement negotiations and mediation
At various stages, the court may require mediation or settlement conferences. In Provincial Court, these are often informal discussions with the judge. In Supreme Court, there are formal settlement conferences with a judge who is not assigned to the trial.
In a settlement conference:
• Each lawyer presents a brief overview of their client's case
• The judge gives a candid assessment of the strengths and weaknesses
• The judge facilitates negotiations
• If settlement is reached, the agreement is put into an order
The majority of family law cases settle before trial - settlement conferences are often the turning point.
Step 7: Pre-trial and trial preparation
If the case does not settle, the parties prepare for trial:
• Each party and their lawyer prepare witness lists and expert reports (if needed)
• Lawyers prepare opening and closing arguments
• Exhibits and documents are organisized
• Witnesses are prepared for cross-examination
• Trial briefs or memoranda are prepared for the judge
Step 8: Trial
At trial:
• The applicant presents their case first - calling witnesses, presenting documents, and making arguments
• The respondent then presents their case
• Each side can cross-examine the other's witnesses
• Lawyers make closing arguments
• The judge considers all evidence and makes a ruling
Family law trials can last from one day to several weeks, depending on complexity.
Step 9: Judgment and appeal
The judge issues a written judgment ordering:
• How property is divided
• Whether spousal support is payable and in what amount
• Whether child support is payable and in what amount
• Custody and parenting arrangements
• Any other relief sought
If either party disagrees with the judgment, they have a limited time (usually 30 days) to file a Notice of Appeal and request that a higher court review the decision.
Cost and timeline of family court
• Provincial Court simple matter: $2,000-$5,000, 6-12 months
• Supreme Court straightforward case: $10,000-$30,000, 1-2 years
• Supreme Court complex case (business interests, high assets, custody disputes): $50,000-$100,000+, 2-5 years
Litigation is expensive. This is why most family lawyers strongly encourage negotiation, mediation, or collaborative family law processes as alternatives to trial.
Alternatives to court: Mediation, Arbitration, and Collaborative Family Law
• Mediation - A neutral mediator helps parties reach agreement. If unsuccessful, either party can still go to court. Cost: $2,000-$5,000.
• Arbitration - Parties hire a private arbitrator (often a retired judge or senior lawyer) who hears the case and makes a binding decision. Cost and timeline similar to court, but faster. Cost: $5,000-$15,000.
• Collaborative Family Law - Each party hires a lawyer trained in collaboration, and the lawyers and parties commit to reaching agreement without court. If agreement is not reached, each lawyer withdraws. Cost: $5,000-$15,000, but faster than court.
At Sea to Sky Law™
We guide clients through every stage of the family law court process. We also strongly encourage settlement, mediation, and alternative dispute resolution, which save time, cost, and emotional pain. If your case must go to trial, we prepare vigorously and advocate zealously for your interests and your children's best interests.
Contact us for a free intake call to discuss your family law situation.
This article is for general information only and does not constitute legal advice.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.