How do we get an initial family order if we cannot agree?

Before using these guides — staying out of court

Before you start using these guides, think about your situation. Is it possible for you and the other party to agree about custody, access, guardianship, and/or child or spousal support?

If you can agree, you will not have to go to court and a judge/master will not make be making decisions for you about these important personal issues. You can file a separation agreement with the court and it will be as legally binding as a judge's decision, or you can get a consent order.

Consider the following options to help you work things out:

If you must go to court — choosing Provincial or Supreme Court

If you have tried to resolve your issues on your own or with the help of a mediator or other service and can't, or if you don't think it will be possible to resolve them, you can apply for support, custody, guardianship, or access in either the Provincial (Family) Court of British Columbia or the Supreme Court of British Columbia.

Your next step is deciding which court you should go to.  See the multimedia presentation If you need to choose a court to find out which court would be best for your case.

For further information about which court you should go to and which law(s) you can use to get your order, see the fact sheet called Which laws apply to your case?

To learn more about the types of orders you can get, see the fact sheet called The difference between a final order and an interim order.

Once you have the information you need, select the appropriate court below to go to the self-help guides.

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.
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).
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.
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.