By Jenna Lalani, Family Lawyer at Crossroads Law, Vancouver
For many, the prospect of going to court is intimidating — especially in family law — where it can seem like every part of your personal life is under a microscope. You're expected to stand before a judge, justify your position, and accept a decision that will shape your family's future, no matter which way it goes.
For those representing themselves, the process can feel overwhelming at times. The rules, the forms, the legal jargon — it’s no wonder many people feel like they need to hire a lawyer. But choosing to navigate this on your own doesn’t mean you are alone. Many self-represented individuals start out feeling uncertain, overwhelmed, or unsure of their next steps — and that’s completely normal.
The good news? With preparation and a better understanding of what to expect, the process doesn’t have to be as stressful or confusing as it first appears. In this blog, we’ll walk you through what happens in BC provincial court when dealing with family law matters — so you can show up informed, empowered, and ready to take the next step.
What Family Law Issues Does BC Provincial Court Handle?
BC provincial court has the authority to hear a range of family law matters — but not all of them. If you're self-represented and unsure where to start, understanding the court’s jurisdiction can help you avoid confusion and delays.
Provincial Court can make decisions about:
- Parenting arrangements (sometimes called custody or access).
- Child support.
- Spousal support.
- Protection orders in cases involving family violence.
These matters are often urgent or ongoing, and they can arise at any point — before, during, or long after a separation. It’s also important to know that parenting and support arrangements aren’t always final. They may need to be updated as circumstances change or as your children’s needs evolve.
However, provincial court does not deal with:
- Divorce.
- Division of property or debt.
Those matters must be brought to BC supreme court instead.
If you’re not sure which court is right for your case, a good starting point is to look at what you’re asking for. If it involves support, parenting, or protection, provincial court may be the right forum. But if your situation includes property division, divorce, or more complex procedural issues, you may need to file in supreme court — or in some cases, both.
Legal coaching can help you figure out where to file and which forms to use. Getting it right from the start can save you time, money, and unnecessary stress.
Starting Your Family Law Case in BC Provincial Court
When you're ready to move your matter forward in provincial court, the first step is to make a formal application. Unfortunately, it’s not as simple as walking into the courthouse and explaining your situation — the court process involves strict rules and formalities that must be followed to move your case ahead.
An application is the official way of asking the court to decide on a particular family law issue. It tells the court three key things:
- Who you are (the applicant).
- Who the other person is (the respondent).
- What you're asking for (the order or outcome you want).
The application form itself doesn’t go into great detail about your legal arguments or background. Its main purpose is to identify the issues that need court intervention — such as parenting time, child support, or spousal support — and to make clear what you're asking a judge to decide
There isn’t a single application that fits every situation. The provincial court offers a number of forms, and the right one will depend on your specific circumstances. We’ll walk through some of the most common types of applications below, but you can also find a full list of provincial court family law forms here.
In most cases, you’ll also need to complete an affidavit (form 45) in support of your application. This is where you explain your side of the story — what’s happened, why you're applying, and what evidence supports your request. If you're not sure where to start, we’ve put together a detailed guide full of practical tips and tricks to help self-represented litigants write strong, effective affidavits.
Common Family Law Applications in BC Provincial Court
Now that you understand the purpose of an application — and how an affidavit supports it — the next step is choosing the right type of application for your situation. Provincial court offers a range of forms depending on the issue you're dealing with.
Below, we break down the most common applications used in BC family law cases, what each one is for, and what you need to know before filing.
Application About a Family Law Matter (Form 3)
This is the most common application used to start a family law case in BC provincial court.
You’ll use this form if you’re:
- Asking the court to make a new order (e.g. for parenting, child support, or spousal support).
- Or, asking the court to change an existing order.
What to include: Be specific and clear about what you’re asking the judge to decide.
Service rules: This application must be personally served on the other party. Once served, they have 30 days to respond.
Applications About a Priority Parenting Matter (Form 15)
Sometimes, issues arise that require the court’s urgent attention. Only specific matters are considered priority by the court, and applications must fall within this defined scope – there’s little wiggle room outside of it.
Form 15 includes a checklist where you must select the issue that applies to your situation. The court considers the following types of matters to be priorities:
- Medical or emergency medical treatment for a child.
- Applications for passport, license or permit or other benefit related to the child’s safety.
- Upcoming travel or activities involving the child.
- A child’s removal or return to a specific area in BC.
- Guardianship issues involving the Ministry of Children and Family Development (MCFD).
What to include: Your application must clearly explain the urgency of the matter, and this must be supported in detail in your supporting affidavit.
Service rules: This type of application must be personally served at least 7 days before the scheduled court date. If you’re applying without notice to the other party, you must first get the court’s permission. This is done by filing an application about a case management order.
Applications About a Protection Order (Form 12)
An application for a protection order is a serious step taken when there is a risk of family violence. This is not a decision the court takes lightly, and it's important to ensure your application is complete and clearly explains your concerns.
This application form includes a schedule 2 and schedule 3, which are used if the person subject to the protection order is applying to change or cancel the existing order.
What to include: You must include a supporting affidavit, which outlines the facts and evidence you want the judge to consider when deciding whether to grant, change, or cancel an order.
Service rules: In many cases, protection orders are sought without notice to the other party. This means the person at risk can apply without informing the other person first, but the judge must agree that this is appropriate based on the circumstances.
To learn more about the steps involved in applying for a protection order, visit our detailed guide.
Applications About a Case Management Order (Form 10 or Form 11)
When you need the court to address a specific procedural issue – rather than your entire case – you can apply for a case management order. One of the most common examples is requesting a virtual appearance for a hearing.
These types of applications are often submitted as desk orders, which means you do not need to attend the court in person. The judge will review your request based on the documents you file.
What to include: Be clear and specific about why you are asking for the order. In many cases, the court will expect you to get the other party’s consent before submitting your application. Having their agreement can increase the likelihood that the judge will approve the order.
Service requirements: You can apply with or without notice to the other party, depending on the circumstances. To learn more about case management orders and how they work in BC provincial court, visit:
https://www.familylawinbc.ca/bc-legal-system/court-orders/get-order-bc/provincial-court/case-management-orders
Applications for an Order Prohibiting the Relocation (Form 16 or Form 15)
There is no specific court form to apply for a relocation. Instead, the process begins with a written notice from the parent who intends to move, outlining their plans to relocate with the child.
If the other parent objects to the relocation, they can respond by filing an application for an order prohibiting the relocation using form 16. However, this can only be done if there is already an existing court order or written agreement in place regarding parenting arrangements. The application must be filed within 30 days of receiving the written notice.
If there is no agreement or order in place about parenting arrangements, the correct process is to file an application about a priority parenting matter using form 15.
Reply and Counterclaim
When responding to an application, you must complete a reply to an application about a family law matter (form 6). You should also prepare a response affidavit using form 45, just as the applicant did for their original affidavit.
Your reply may also include a counterapplication — also referred to as a counterclaim — where you ask the judge to make an order on a different issue. The reply form includes a section where you can outline your counterclaim.
You can use one affidavit to support both your reply and your counterclaim, as long as it clearly addresses each part.
Where to File and How to Serve Your Family Law Application in BC
Before filing, it is important to know which registry you should start in.
- If your matter involves children, you should file at the registry closest to where the children primarily live.
- If your matter doesn’t involve children, you should file at the nearest registry to where you reside.
- If your matter is already open and active in provincial court — even if a long time has passed — you should continue at that same registry.
Once your application is complete, you will need to file it. You’ll typically need to provide four copies of your application and any supporting documents when filing with the court.
After filing, your next step is to serve the documents on the other party. This means providing them with a copy of everything you’ve filed. It is important to ensure that you have properly served the other party, and the court must be satisfied that the other party is aware of the court matter and proper notice was given.
In most cases, this must be done by personal service — where someone other than you physically hands the documents to the other party. Once service is complete, that person must complete an affidavit of personal service (form 48) to confirm that the documents were properly delivered.
Financial Statements and Support Applications
Any time you’re dealing with a support matter — whether it's child support, spousal support, or both — financial disclosure is mandatory. This ensures the judge has the full picture of each party’s financial situation before making any decisions about how much support should be paid and by whom.
This step typically happens after each party has filed their initiating court documents (commonly referred to as pleadings). At that point, both sides are required to complete and exchange a financial statement (form F8), a detailed document where you must list:
- Your income and pay stubs.
- Your monthly expenses.
- All assets (like property, savings, or investments).
- All debts or liabilities.
You’ll also need to attach your supporting documents, which includes but is not limited to:
- Income tax returns for the last three years.
- Notices of assessment for the last three years.
- Recent pay stubs or proof of income.
Once completed, the financial statement must be sworn or affirmed. This means you’re officially declaring that the contents are true, typically in front of a commissioner for oaths (often a lawyer or notary). After swearing the statement, it’s filed with the court and served to the other party.
Early Resolution within Provincial Court
Once your application has been filed and the other party has responded, you should have a better idea of where you disagree. In some cases, the parties aren’t far apart and just need a little support to reach an agreement.
Before a court date is assigned, the court may require the parties to meet with a family justice counsellor. These counsellors are trained to help people resolve their issues outside of court – think of it as free mediation. Lawyers aren’t involved in this process, which gives the parties a chance to work through their issues and potentially come to an agreement.
If the matter doesn’t resolve earlier in the process, it may move forward to a family management conference (“FMC”), which is scheduled after a reply has been filed and is often the first time you’ll appear before a judge.
FMCs are intended to be less formal and more collaborative, with the goal of identifying and resolving key issues early on — and, if possible, avoiding the need for a full hearing. The judge may ask questions, facilitate dialogue between the parties, and in some cases, help resolve smaller matters so that attention can be focused on the more significant points of disagreement.
While you may not receive a final decision at this stage, the FMC gives the court an opportunity to assess your case, guide discussions, and help you prepare for the next steps. It won’t feel like a full hearing or trial ceremony. There’s no formal presentation of evidence or witnesses at this point.
Judge Ferriss of the BC provincial court explains this process in more detail in this short video.
If the parties are close to reaching a settlement, the judge at the FMC may suggest moving to a family settlement conference (“FSC”) –either party can request one. Many self-represented litigants don’t know this option exists, but it is worth exploring. If you’re making progress during the FMC but run out of time, the judge may schedule a follow-up FSC to continue the conversation.
A FSC is an informal meeting with a judge, similar in some ways to mediation, but here the judge facilitates the discussion. The judge won’t hear evidence or make decisions. Instead, it’s up to the parties to reach a mutual agreement. This is different from an FMC, where the judge can make interim orders if needed, based on the information provided.
What to Expect at a Family Law Hearing or Trial in Provincial Court
If your family law matter hasn’t been resolved through early resolution channels — such as working with a family justice counsellor or attending family management or settlement conferences — the next step may be a hearing or trial.
This is where a judge will decide on the unresolved issues after reviewing the facts, hearing both parties’ positions, and weighing all available evidence, including any witness testimony.
The process typically begins with opening statements, followed by the applicant presenting their case and evidence, and then the respondent doing the same.
Preparing for a hearing or trial can feel daunting but being organized and clear about your position can go a long way. Creating a script or outline for your opening statements, knowing the key points you want to make, and anticipating what the other side may say can help you feel more confident and in control.
After both parties have presented their case and closing submissions are complete, the judge will make a decision. In many cases, that decision is not made right away — it may come a few weeks or even months after your court appearance. The judge’s decision will be outlined in a court order, which is legally binding on both parties.
At Coach My Case, we’re here to support you at every stage of the process. Whether you need help reviewing documents, understanding which forms to use, or preparing for your court appearance, our legal coaches can guide you through it. Reach out today to book your free 20-minute consultation and let us help set you up for success in provincial court!
