Script 110 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

What is Family Court?
Family Court is the Family Division of BC’s Provincial Court system. Other divisions of Provincial Court deal with criminal, traffic and small claims matters. Provincial Court judges hear Family Court, youth and adult criminal matters, and small claims cases. Depending on your community, there might be a separate courtroom where family matters are heard, or Family Court cases might be heard in one of the regular criminal courtrooms on a certain day of the week. Usually, there is a day each week or every other week when the court will hear a list of family/and or child protection cases and fix dates for those cases.

To find your nearest Family Court, look in the blue pages of your phone book under Province of British Columbia. You’ll find it under “C” for courts.

What does Family Court handle?
Family Court deals with several family matters, including:

• guardianship
• restraining orders
• child protection
• cases that arise out of family breakups (custody and access, maintenance and support for spouses and children, and providing exclusive occupancy of the family home to one spouse)

Incidentally, Family Court is available not just for married spouses, but for common-law spouses, same-sex partners, and, if certain conditions are met, other persons who wish to apply for custody, guardianship or access orders or who have a relationship with children in care.

What divorce issues have to go to Supreme Court?
Family Court cannot grant you a divorce, and it cannot divide assets. These matters have to be taken to Supreme Court (if they can’t be resolved by agreement). In Supreme Court, you can get a divorce and at the same time – or before or after – you can deal with custody, maintenance, and all the other issues that Family Court has authority to handle.

Do you need a lawyer in Supreme Court?
Usually, but not always. There are some situations where people successfully do their own divorces in Supreme Court. If you have no significant assets to be divided, it may make sense to go to Family Court initially to sort out custody, access, and maintenance – if you can’t do it by agreement – and then later go to Supreme Court for a simple, uncontested divorce.

Why go to Family Court?
Why bother with Family Court if you have to go to Supreme Court anyway to get a divorce, and it can deal with all the things Family Court deals with? Well, in fact, many people do bypass Family Court altogether. But Family Court has distinct advantages for many people:

• First, there are Family Justice Counsellors to help you.
• Second, there is no charge to see a Family Justice Counsellor.
• Third, the forms are easy to fill out and there are no filing fees.
• Fourth, many people are able to handle a Family Court case themselves, rather than paying for a lawyer, and “family duty counsel” are often available to assist people who don’t have their own lawyer.

For Family Court, your first step is to see a Family Justice Counsellor
If you don’t hire a lawyer, then make an appointment with a Family Justice Counsellor. BC has a network of government-operated Family Justice Centres, staffed with Family Justice Counsellors. Family Justice Counsellors aren’t lawyers, but they are trained to deal with family problems in Family Court. They assist families with child custody, guardianship, access and support issues, and can help you resolve your agreements without going to court. If appropriate, the counsellor might refer you to a Legal Aid office or suggest that you hire a lawyer. Contact information for the Family Justice Counsellors is given at the end of this script.

If you don’t have a dispute about children or spousal support, you may not feel the need to see a Family Justice Counsellor and can go directly to obtain an uncontested divorce order in Supreme Court. Refer to Script 121 on “Undefended and Joint Divorces” for more information.

Tell the Family Justice Counsellor if it’s an emergency
You usually have to wait for an appointment to see a Family Justice Counsellor. But if your spouse has physically harmed you or your children, or you’re afraid you might be hurt, be sure to say so when asking for an appointment. Family Court can help you obtain a civil restraining order against your spouse.

How are Family Court problems resolved?
There are a few ways that solutions to your problems can be found. Basically, they are:

• Negotiation or mediation, either of which may lead to a written agreement or a Consent Order of the court.
• The trial or hearing process, which will result in an order of some kind.

What is mediation?
In mediation, an independent and unbiased person meets with you and your spouse to help you discuss your problems and try to come to a solution together. Family Justice Counsellors are trained mediators, so if you wish, you can get mediation through one of them. Mediation usually takes about four or five sessions over two to three months but can take longer. Many cases are resolved in just a few hours.

If an agreement is reached, it should be put in writing
If you don’t have a lawyer prepare this agreement, you’ll be advised to at least get advice from a lawyer before you sign it. This kind of agreement is typically called a “Separation Agreement.” Family Justice Counsellors can draft written agreements that may be filed with the court and be as binding as a court order.

In some situations, instead of a Separation Agreement, the terms of your agreement will be put into the form of a Consent Order. You and your spouse each sign a form that sets out what you’ve agreed to, and a Family Court judge signs the form. It then has the same effect as a Court Order. Again, you should have legal advice before you sign.

What if you have to go to court?
If you and your spouse can’t agree and you have to go to Family Court, you’ll have a hearing, where witnesses will give evidence and documentary or other physical evidence may be presented. Often, the spouses themselves are the only witnesses. At the end of the evidence, you and your spouse are permitted to make submissions to the court on how the court should view the evidence in light of the applicable law. The judge then makes an order.

What is a “family case conference”?
Before the Family Court hearing, the judge may direct you and your spouse to attend a “family case conference” to see if the dispute can be resolved without a formal hearing. A Consent Order can be granted by the judge at the case conference.

What if you don’t have a lawyer?
If you don’t have your own lawyer, “family duty counsel” or Legal Aid lawyers are available in some areas of BC to help give advice and explain court procedures. Duty counsel can also help you arrange for an interpreter if you don’t speak English well.

If custody is being disputed, the Judge may ask a Family Justice Counsellor to prepare a report. These reports suggest what will be in the best interests of the children and can take a year to prepare. It’s usually very difficult to represent yourself in a custody dispute, so try to hire a lawyer if you can.

You might have to take a “Parenting after Separation” session
In many areas in BC, you and your spouse must attend this free, three-hour information session before you can go to court. In certain cases, you can get an exemption, for example, if you’re at risk of being hurt by your spouse.

Where can you get help or more information?

• For more information about Family Court or to make an appointment with a Family Justice Counsellor, call Enquiry BC at 604.660.2421 in Vancouver, 250.387.6121 in Victoria, and 1.800.663.7867 elsewhere in BC, and ask to be connected with the Family Justice Centre nearest to you.
• Also see the Family Justice website at www.ag.gov.bc.ca/family-justice.

[updated September 2008]

Dial-A-Law© is a library of legal information that is available:

• by phone, as recorded scripts, and
• by audio and text, on the CBA BC Branch website.

To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.cba.org/bc in Public & Media.

The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Dial-A-Law is funded by the Law Foundation of British Columbia and sponsored by the Canadian Bar Association, British Columbia.

© Copyright 1983-2008 Canadian Bar Association, British Columbia