British Columbia Law

Family Law Litigation - We Can Help Anywhere in BC

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

We can help you solve your family law litigation problem — anywhere in BC with DIY Support Services, and we can stand beside you at any court in Metro Vancouver and the Fraser Valley.

With more than 35 years of successful experience helping thousands of different people, we understand that family law litigation is very personal — thus very stressful — in addition to being time-consuming. In addition to the normal daily demands of work and home, you need to prepare for court and then take time off work to attend.

One of the many benefits of having an experienced lawyer on your side is the objective, pragmatic advice and practical help dealing with all the court procedures and paperwork. You are never alone in the process.

What Family Law Litigation Actually Involves

"Litigation" means resolving a dispute through the court system. In BC family law, litigation can occur in two courts:

• BC Provincial Court (Family Division): Handles applications for parenting orders, child support, and protection orders. Provincial Court is generally faster and less expensive than Supreme Court, but it cannot grant divorces or make final orders about property division.
• BC Supreme Court: Handles all family law matters, including divorce, property and debt division, and complex parenting disputes. BC Supreme Court has full jurisdiction over all family law issues and can make final binding orders on every issue.

The litigation process typically begins with one party filing a Notice of Family Claim (in Supreme Court) or an Application About a Family Law Matter (in Provincial Court). From there, the court process involves:

1. Service: The other party is formally served with the application documents.
2. Response: The other party files a Response, setting out their position.
3. Case Conference: Most BC family law cases require a Judicial Case Conference (JCC) — a meeting with a judge or master to identify the issues, set a timeline, and explore settlement.
4. Financial Disclosure: Both parties must exchange complete financial disclosure — income, assets, debts, and property — before any hearing or settlement.
5. Interim Applications: Either party can bring applications for temporary orders on pressing issues (such as parenting arrangements or exclusive home occupancy) while the matter works toward a final resolution.
6. Settlement: Most cases settle before trial — through negotiation, mediation, or a Judicial Settlement Conference (JSC).
7. Trial: If a settlement is not reached, the matter proceeds to a formal hearing before a judge, with evidence, witnesses, and legal argument.

The Real Cost of Family Law Litigation

Family law litigation is expensive and emotionally demanding — for everyone involved, including the children. Wait times for trial dates in BC Supreme Court are often one to two years. Legal fees mount with every application, every exchange of documents, and every court appearance. The adversarial nature of litigation can also permanently damage the co-parenting relationship — which is a real cost to children.

This is why Sea to Sky Law™ always explores alternative dispute resolution options — mediation, arbitration, and collaborative law — before recommending litigation. But when litigation is necessary, we are fully prepared to advocate for you at every level of the BC court system.

When Litigation Is Necessary

Sometimes litigation is the only appropriate path:

• When one party conceals financial information and will not comply with disclosure requirements voluntarily
• When there is an urgent safety concern requiring an immediate protection order or emergency parenting order
• When negotiations have genuinely broken down and no neutral process is acceptable to both parties
• When a prior order needs to be enforced and the other party is non-compliant
• When a complex legal question — such as a pension division dispute or business valuation — needs to be decided by a judge

Our Approach to Litigation

Andrew Liggett BA JD CD has litigated family law matters in BC Provincial Court, BC Supreme Court, and the BC Court of Appeal for over 35 years. He brings both strategic experience and emotional intelligence to every case — understanding that winning in court is not always the same as achieving the best outcome for your family.

We offer two service models for family law litigation:

• Traditional Full Service: We handle everything — drafting all documents, attending all hearings, managing all communications. You focus on your family while we manage the legal process.
• DIY Support Services: A limited-scope retainer where you manage the process yourself, supported by our advice at each key step. This is significantly less expensive and works well for clients who are organisized and motivated.

No matter where in BC you are located, Sea to Sky Law™ can assist you with your family law litigation. Contact us today to discuss your situation and the options available to you.

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.