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Family and Divorce

Matters of divorce, child custody, guardianship and child support are handled in family court, which may take place in Provincial Court or B.C. Supreme Court.

Couples who separate and are unable to resolve issues by themselves or through the assistance of alternative dispute resolution services may apply to the court for a decision.

Judges in both family courts, at Provincial Court and B.C. Supreme Court, can make orders for child custody, access and guardianship, and for child and spousal support. A party can apply to either court for a restraining order against the other party.

There are some differences in the authority of each court:

• Judges in B.C. Supreme Court can also make orders for divorce and for division of the family property.
• Judges in Provincial Court hear child protection cases and applications involving vulnerable adults (such as seniors who are feared to be abused or neglected).

Information on divorce in British Columbia is also available on the Ministry of Justice Family Justice website and the Legal Services Society Family Law website.