The Best Option for You
If You Go to Provincial Court
Most separating and divorcing couples never go to court. Instead, they come to an agreement on their own, often with the help of lawyers or through mediation.
Sometimes, however, there is no other option and a couple has to go to court to ask a judge to settle such issues as custody, guardianship, access, support and the division of property. After the judge has talked with the couple and looked at all the issues in the case, he or she will make a court order - essentially, a set of directions that the couple will be required by law to follow.
Family law cases are heard by both the Provincial Court and the BC Supreme Court. Because their responsibilities overlap in some areas - including custody, guardianship, access and support - 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 married 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 - but 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. The Legal Services Society’s family law website has a self-help kit for applying for an initial family order that contains a useful description of the differences between the two courts.
If you decide you have to go to Provincial Court, this section of the web site may help. It describes the steps you will need to take to apply to the Provincial Court for a court order deciding custody, guardianship, access, child or spousal support. (For a decision on the division of property, you will have to go to the Supreme Court.)
For more information about Supreme Court proceedings, please see our section If You Go to Supreme Court. For more information about applying to the Provincial or Supreme Court to settle other issues, please talk to a lawyer.
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