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Government

Ministry of Justice

Family justice and the courts

The BC family justice system is based on family law: those pieces of provincial and federal legislation that deal with separation and divorce, child custody, guardianship, access and support, and the division of property.

Many parents going through a separation or divorce or needing to settle a family issue are able to come to a fair and mutual agreement without going to court.

Sometimes, however, an agreement just isn't possible, and they have to go to court to ask a judge to decide. Family law cases are heard by both the Provincial Court and the BC Supreme Court. Because their responsibilities overlap in some areas, many couples will find that they have a choice: they can go to either court. In other cases, such as divorce or the division of property, one court only - the Supreme Court - is responsible. (Usually, if a couple goes to the Supreme Court for a divorce, they will ask the court to settle other issues as well, such as custody or support.)

Important!

If you are going through a separation or divorce, or need to deal with child custody, guardianship, access or support issues, but are not sure which court you should go to, we recommend you talk to a lawyer to find out which court is most appropriate for you. A Family Justice Counsellor can also provide you with information about the courts.

For more information about the court process and applying for a court order, please see our web site sections called If You Go to Provincial Court and If You Go to Supreme Court.