A Step-by-Step Guide to Family Law Procedures in Vancouver, BC
If you’re facing a family law dispute in British Columbia that involves complex issues like property division, spousal support, or guardianship matters, you need to file in BC Supreme Court. Understanding the court process can feel overwhelming, but this guide breaks down each step in plain English, including the forms you’ll need and the deadlines you must meet.
Starting Your Case: The Notice of Family Claim
What It Is
The Notice of Family Claim is the document that officially starts your family law case in BC Supreme Court. Think of it as your opening statement to the court and the other party about what you’re asking for and why.
The Form
Form F3 (Notice of Family Claim) – This is filed with the court registry or CSO online and served on the other party.
What Goes In It
You must include:
- Basic information about you, the other party, and any children
- The orders you’re seeking (e.g., parenting arrangements, child support, spousal support, property division)
- The legal basis for your claims
- A brief summary of the facts supporting your position
Filing and Service
Once you complete Form F3, you must:
- File it at the Supreme Court registry (you’ll need to pay a filing fee $210)
- Serve a copy on the other party within 12 months of filing
- File proof of personal service (Form F15) with the court
Important: Service means delivering the documents according to the Supreme Court Family Rules. Personal service is often required for the initial Notice of Family Claim.
The Other Side Responds: Response to Family Claim
Timeline
30 days from being served with the Notice of Family Claim
The Form
Form F4 (Response to Family Claim) – This is the other party’s answer to your claims.
Form F5 (Counterclaim) – This form is used to make claim against the opposing party with your own information and order you are seeking against the claimant.
What Happens If They Don’t Respond?
If the other party doesn’t file a Response within the deadline, you may be able to proceed with a desk order divorce or apply for default orders. However, the court has discretion to set aside default orders in family cases, especially where children are involved.
What’s In the Response
The responding party must:
- Admit or deny each claim you made
- State their own position on each issue
- Make any counterclaims (claims against you)
- Provide their version of the facts
Your Turn Again: The Response to Counterclaim
Timeline
30 days from being served with the Response to Family Claim
The Form 6
Form F6 (Response to Counterclaim) – You must file within 30 days of receipt of Counterclaim.
First Mandatory Step in Court
Judicial Case Conference (JCC): Keeping Your Case on Track
JCC
The JCC (Judicial Case Conference) is a mandatory process in all family law cases. It is an informal session, and anything discussed at the JCC is considered “without prejudice,” meaning it cannot be used as evidence in future proceedings. The purpose of the JCC is to encourage open negotiation between the parties. However, if no agreement is reached, the judge will not impose an order on the parties, except for issuing procedural orders, such as the deadlines for production of documents, obtaining appraisal reports for the disputed properties.
When: Early in the process, usually within 2-4 months of the Response being filed
Form: Form F19 (Notice of Judicial Case Conference) – Must be filed at least 30 days before the scheduled conference.
What It Is: An informal meeting with a judge to:
- Identify and narrow the issues
- Explore settlement options
- Obtain consent orders
- Set deadlines for next steps, including producing a list of documents
- Determine if you need any interim orders
- Discuss what evidence or experts you’ll need
Timeline: Each party gets about 20 minutes to speak
Important: You or your lawyers must discuss settlement before the case conference and report on those discussions for proposed settlement terms at JCC.
Financial Disclosure Requirement
At least 7 days before JCC, each party must file Form F8 (Financial Statement)
Both parties must exchange financial disclosure. This is mandatory in cases involving:
- Child support
- Spousal support
- Property division
The Forms and Tax Documents
Form F8 (Financial Statement)
- Complete statement of your income, expenses, assets, and debts
- Must be updated annually or if circumstances materially change
- Must be served at least 7 days before JCC
Supporting Documents Required:
- Last 3 years of tax returns and notices of assessment
- Last 3 pay stubs
- Employment confirmation letter (if employed)
- Proof of all income sources
- Last 3 financial statements (for business owners)
- Corporate tax returns (for business owners)
- Property tax assessments
- Pension statements
- RRSP/investment statements
- Credit card statements
- Loan documents
Consequences of Non-Disclosure
Failing to provide complete financial disclosure can result in:
- Court orders compelling disclosure
- Cost awards against you
- Adverse inferences (the court may assume the undisclosed information is unfavorable to you)
- In serious cases, findings of contempt
What Happens After JCC?
Interim Applications: Getting Temporary Orders
When You Need Them
Sometimes you can’t wait until trial to get court orders. Common interim issues include:
- Temporary parenting schedules
- Interim child support or spousal support
- Use of the family home
- Restraining orders
- Disclosure orders
The Forms: Notice of Application
Form F31 (Application to Obtain an Order)
- Sets out what order you’re seeking and why
- Must be supported by an affidavit (sworn statement)
Form F30 (Affidavit)
- Your sworn evidence in support of the application
- Must attach relevant documents as exhibits
Timeline:
- You must serve the other party with at least 8 clear days’ notice for a chambers application (this can be shortened in urgent situations)
- If you need an order without notice (which means that you don’t need to let the other party know about your application in court. This is usually the case for a property restraining order or protection order), you must show why notice is not needed as per the Supreme Court Family Rules.
To file a Response in Form F32
If you oppose the application, you must file Form F32 (Application Response) and an affidavit in court and serve the other party at least 3 days before the hearing.
The Hearing
Interim applications are heard in chambers (the judge’s courtroom, but less formal than a trial). Each side presents written evidence (affidavits) and makes oral arguments. The judge makes a decision based on the evidence and law, usually within 30 minutes to an hour per application.
Discovery Procedure: Gathering Evidence
Document Discovery
Each party must disclose relevant documents in the form of a list of documents. In addition to the financial disclosure requirements, you may need to produce:
- All bank statements for the past three years
- Credit statements for the past three years
- Loan documents, if any
- Property purchase and mortgage documents
- Company documents, if any and its bank statements
- Business records, if any
- Text messages or emails relevant to parenting or property issues
- Medical records (if relevant)
Examination for Discovery
While not mandatory in all family cases, examinations for discovery allow each side to question the other under oath before trial.
When It’s Necessary: Usually in complex property cases or cases with significant credibility issues
Process:
- Each party answers questions under oath
- A court reporter creates a transcript
- Answers can be used as evidence at trial
Getting Ready for Trial
Notice of Trial
Form: Form F33 (Notice of Trial)
You must file this form to get a trial date. Before filing, you need to contact the Court Scheduling or via online scheduling to obtain available dates for your trial, based on the following:
- Your time estimate and proposed dates
- Court availability
- Whether the other party consents to the dates to be scheduled
Trial Brief
Form: Form F45 (Trial Brief) – Claimant must be filed at least 56 days and the Respondent must file their Trial Brief at least 49 days before trial.
This comprehensive document includes:
- Summary of your position on each issue
- Time estimate for your case
- Witness list
- Orders you’re seeking
TMC: Trial Management Conference
Trial Management Conference (TMC): In BC Supreme Court family cases, a TMC is required only in certain situations (e.g., long trials over 15 days, a self-represented party, or a jury; or if the court orders one). Otherwise, it’s not mandatory. When held, it must take place at least 28 days before the trial date.
Here’s what typically happens at a Trial Management Conference (TMC) in BC Supreme Court family cases:
- Purpose & timing. It’s a short meeting (before trial) to make sure the case is trial-ready;
- Who’s there. The judge (or associate judge), counsel for each side, and self-represented party.
- What the judge can do. The judge can make practical, trial-housekeeping orders, including:
- send you to a settlement conference
- require pleading amendments by a deadline
- set a plan for how trial will run (order of witnesses, sequencing);
- secure admissions of fact ordocument agreements and common books
- set time limits for openings, examinations, and submissions
- direct witness summaries
- manage experts (e.g., experts to confer on areas of agreement)
- adjust or adjourn trial dates/length
- What the judge cannot do. The TMC is not for contested applications needing affidavits, and the judge cannot give final judgment (except by consent).
The Trial
What to Expect
- Opening statement: You tell the judge what the case is about, the issues, and what you will prove. No argument. Just the roadmap.
- Direct examination: You call your witness. Ask open questions (who/what/when/where/why/how). Let the witness tell the story. No leading questions (except on background).
- Cross-examination: The other side questions your witness. Leading questions are allowed. Test credibility. Challenge facts. Pin down admissions.
- Call other witnesses: Repeat the cycle: you lead your next witness on direct; the other side cross-examines. You may do a short re-examination to clarify what came up on cross (no new topics).
- Enter documents as exhibits: Show the witness the document. Identify it. Authenticate it. Mark it for identification. Tender it as an exhibit (deal with objections like relevance, hearsay, or privilege). Once admitted, you can rely on it in submissions.
- Closing Arguments: Each party summarizes their position and refers to the evidence and law
Decision:
- The judge may give an oral decision at the end of trial
- More commonly, the judge reserves judgment and issues written reasons weeks or months later
Length of Trial
Family trials can range from 1 day to several weeks, depending on complexity. Average trials are 5 days.
The Final Order
Form: Form F52 (Final Order)
After the judge makes their decision, one party (usually the Claimant) drafts the formal order. The order must:
- Reflect exactly what the judge decided
- Be approved by the other party (or submitted to the court if they disagree with the wording)
- Be entered by the court registry
Notice: All the forms are available on the BC Government website at: www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms
Tips for Success
- Meet Your Deadlines: Family law has strict timelines. Missing a deadline can hurt your case or result in cost awards against you.
- Complete Financial Disclosure: Full and frank disclosure is mandatory. Hiding assets or income will damage your credibility and can result in serious consequences.
- Consider Legal Advice: Family law is complex. Even if you can’t afford full representation, consider consulting a lawyer for strategic advice at key stages.
- Focus on Settlement: Most family cases settle before trial. Settlement gives you more control over the outcome and saves time, money, and stress.
- Keep Records: Document everything – communications with the other party, expenses, parenting time, and any incidents relevant to your case.
- Stay Professional: Family law disputes are emotional, but maintaining professionalism with the other party and the court will serve you better than anger or hostility.
- Think About the Children: If you have children, the court’s focus is always on their best interests. Keep this at the forefront of your decision-making.
Conclusion
Navigating a BC Supreme Court family law case from filing to trial involves many steps, forms, and deadlines. While the process can seem daunting, understanding each stage helps you prepare and make informed decisions. Whether you’re representing yourself or working with a lawyer, staying organized, meeting deadlines, and focusing on resolution will help you move through the system more effectively.
Remember: every family law case is unique, and this guide provides general information. For advice specific to your situation, consult with a qualified family lawyer in British Columbia.
Author
George Lee is a family lawyer and mediator with 25 years in private practice. He has represented thousands of families, including complex cross-national disputes. He has been recognized for many years as one of the top three family lawyers in Burnaby, BC. George brings courtroom experience, mediation skills, and a practical voice to every case—and to every page he writes.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Family law rules and procedures can change, and local court practices may vary. Always verify current rules and consider seeking legal advice for your specific situation.