Supreme Court — If you agree

How to get a non-final family order

About this guide

Who this guide is for

What is a non-final order?

Why get a non-final order?

What if we want to get final orders?

What do I need to file first?

What this guide includes

Who this guide is for

This do-it-yourself guide is for people who want to get a non-final support, custody, guardianship, or access order in the Supreme Court of British Columbia and you and the other party agree on what the order should say.

If you have children, this guide can help you get the non-final order you need before you can use our do-your-own divorce guides to get an undefended (uncontested) divorce. This guide will not tell you how to apply for a divorce.

In some cases, you may get a divorce order and your non-final family order at the same time. Get legal advice about how to do this, as you may be able to combine the steps from the different guides. However, these guides are designed for separate applications.

A family law case can move forward with or without a divorce. You will find an overview of the family law process in a chart Family Law Process, With or Without a Divorce on the Ministry of Attorney General’s website.

Important: If either party lives outside BC, you may not be able to use these guides. Please contact a lawyer for advice and see our fact sheet What if one party does not live in British Columbia? (interjurisdictional issues). See Who can help? for how to find a lawyer.

What is a non-final order?

A non-final order is one that will stay in place until a final order is made a trial or by consent (both parties agree). A non-final order is sometimes referred to as an "interim order." When both parties agree to the order, it is also called a "consent order."

Why get a non-final order?

Sometimes people get a non-final order while they take time to come to a final agreement. Or people get a non-final order during the one-year separation required to get a divorce. Sometimes non-final orders stay in place until the judge makes final orders at a trial.

It can take a very long time — up to a year or even longer — to have a trial. This is because the courts are very busy and there are many time-consuming steps and procedures people must take to prepare for trials. Getting orders at a trial is also very expensive. That's why a non-final order is the first step to take.

What if we want to get final orders?

If you and the other party agree on what final orders you want, see our self-help guide How to get a final family order in Supreme Court if you both agree.

What do I need to file first?

You need to start a family law case before you can apply for a non-final family order. You start a family law case by filing a Notice of Family Claim (Form F3). If you have already filed your Notice of Family Claim and Financial Statement (Form F8), if required, and if the other party has responded by filing a Response to Family Claim (Form F4) and Financial Statement (Form F8), then you can skip to Step 6 of the guide.

What this guide includes

This guide includes:

  • a step-by-step description of how to get a non-final Supreme Court order when both parties agree;
  • links to information about the law that applies to getting custody, guardianship, or access, or getting a support order; and
  • links to the blank forms you will need.

Click on "List of steps," below, to see a list of step-by-step instructions.

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Money paid by one party to the other party as financial support. Support can be paid for a former spouse, or for any or all children.
Can refer to where and with whom a child lives, or where a child lives and the rights and responsibilities of a parent regarding the child in his or her care.
The responsibility for making major decisions for children about such things as what kind of education, health care, or religious training they will receive, and how to manage anything the children may own, such as property or money.
Generally means the time children spend with the parent they do not usually live with. However, access is not limited to the parent who does not have custody — any person can apply for access to a child (including grandparents, aunts and uncles, and other relatives).
A document that records the decision of a judge/master and is entered at the court registry after the judge/master makes his or her decision. If your case is in Supreme Court, see Supreme Court Rule 15-1 (1) to find out which form to use for your situation.
The term we use to describe a court order for one or more of custody, access, guardianship, support, division of property, annulment of a marriage, divorce, declarations of parentage, or adoption.
Any order made before a trial and intended to be temporary. Also called a non-final order.