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:
- Parenting After Separation courses
- Family justice counsellors
- Private mediation
- Notice to Mediate
- Collaborative family law
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.

