Provincial Court or Supreme Court? Choosing the Right Court for a BC Family Case

If you need a court order about your children, support or property after separation, your first decision is which court to go to. In BC that means choosing between the Provincial Court and the Supreme Court of British Columbia.

The choice matters. Start in a court that cannot give you what you need and you may lose months and have to begin again. This guide explains what each court can decide, the steps each one requires before you can ask for an order, and how people commonly decide.

Two courts, different powers

Both courts can hear many family law issues, but their powers are not the same. The Family Law Act gives the Supreme Court jurisdiction in all matters under the Act, and it continues to have jurisdiction over marriage and divorce. The Provincial Court also has jurisdiction under the Act, with some important exceptions.

What only the Supreme Court can do

• Divorce. The Divorce Act names the Supreme Court as the court for divorce in BC. You cannot get a divorce order from the Provincial Court. Our guide on how to get a divorce in BC explains the process.
• Property and debt division. The Provincial Court cannot make orders dividing family property or family debt under Part 5 of the Act, apart from orders about a companion animal. That includes the family home, investments, businesses and debts. See our overview of family property division in BC.
• Pension division and children's property. These are also outside the Provincial Court's powers.
• Parentage disputes, except where the Provincial Court needs to decide parentage to resolve another family issue it can hear.

What both courts can do

• Guardianship, parenting arrangements (parental responsibilities and parenting time) and contact with a child.
• Child support and spousal support under the Family Law Act.
• Protection orders where there is a risk of family violence.
• Relocation of a child and enforcement of parenting orders.

How people usually choose

There is no single right answer, but some patterns are common:

• Married and want a divorce, or have property to divide: Supreme Court, because it is the only court that can deal with those issues. Bringing everything in one place avoids two sets of proceedings.
• Parenting or support only: many people start in Provincial Court, especially unmarried parents or couples who have already sorted out their property.
• Urgent safety concerns: both courts can make protection orders, and the Provincial Court rules allow an application about a protection order without first completing the early resolution steps.

It is possible to have cases in both courts at once. The Act allows a proceeding in one court even if one has started in the other, unless the same relief has already been granted or refused. When that happens, either court may decline to hear a matter, wait for the other court, or consolidate the cases, and in some circumstances the Supreme Court can change a Provincial Court order. Running two cases is usually more expensive and confusing, so it is worth deciding carefully at the start.

Provincial Court: the early resolution steps

Under the Provincial Court Family Rules, many registries are designated early resolution registries. The list includes Vancouver (Robson Square), North Vancouver, Richmond, New Westminster, Surrey, Port Coquitlam, Victoria, Kelowna, Kamloops and others. In those registries, before you can file an application about a family law matter you must generally:

• file a Notice to Resolve a Family Law Matter and give a copy to the other party;
• take part in a needs assessment with a family justice counsellor;
• complete a parenting education program; and
• take part in at least one consensual dispute resolution session, such as mediation.

The person replying must also complete the needs assessment, parenting education and a dispute resolution session. These steps do not apply if you are only applying for certain orders, such as a protection order, an order about a priority parenting matter, a relocation order, a consent order, a case management order or enforcement. The Province describes the early resolution process as a free service. Our article on the early resolution process in family court walks through each step.

Supreme Court: the judicial case conference

A Supreme Court family case starts with a notice of family claim. Under the Supreme Court Family Rules, you generally cannot serve a notice of application (the document used to ask for an interim order) until a judicial case conference has been held. That is a private meeting with a judge or associate judge to narrow the issues and explore settlement.

There are exceptions, including applications for a consent order, applications without notice, applications to change a final order, applications to set aside an agreement, and applications to stop the other person disposing of property at issue. You can also ask the court to relieve you from the requirement, for example where the matter is urgent or waiting would be dangerous to someone's health or safety.

Watch the time limits

Choosing the right court matters most where deadlines apply. Under the Family Law Act, a claim to divide property or debt, divide a pension, or claim spousal support must generally be started within two years after a divorce order (for married spouses) or after separation (for unmarried spouses). Because only the Supreme Court can divide property, starting a property claim in Provincial Court will not protect you. Time spent in family dispute resolution with a family dispute resolution professional can suspend those limits, but it is risky to rely on that without advice.

Not sure which court fits your case? Ask before you file

Our family lawyers can look at the issues in your separation, explain which court can deal with them, and help you prepare and file in the right place.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.