If you and the other party cannot agree

Getting an initial family order in the Supreme Court of British Columbia

Who these guides are for and how they work

Note: Mouse over any of the terms in green type to see a definition.

Information for people with family law cases in Duncan, Nanaimo, New Westminster, Vancouver, and Victoria Supreme Courts

These do-it-yourself guides are for people who:

AND

  • want to get an initial custody, guardianship, access, or support order in the Supreme Court of British Columbia,

OR

  • want to respond to an application for an initial custody, guardianship, access, or support order in the Supreme Court of British Columbia.

Note: If either party lives outside BC, you may not be able to use these guides. Please contact a lawyer for advice.

You may want to watch Family Matters in Supreme Court: Judicial Case Conferences and Chambers Hearings, a 19-minute video (available online) designed for people who have to go to court without a lawyer.

These guides will not tell you how to apply for a divorce. You need to have an initial order in place before you can use our guide to do your own divorce. This guide will help you get that initial order. See the Do your own uncontested divorce in the Supreme Court of British Columbia guide on this website for more information about getting an uncontested divorce.

Note: If you were not married to your partner and you need support for yourself, you must start your court action within one year of separating. If you and your spouse have property to divide, get legal advice as soon as possible. The laws about property are complicated, especially if you are not married. There are important time limits to know about.

These guides include:

  • information about the law that applies to getting a Supreme Court initial family order,
  • a step-by-step description of how to get or respond to an application for an initial family order,
  • instructions about which forms to use and what to do with them,
  • blank forms and sample forms with instructions for filling them out, and
  • information about what happens when you get into court and how to represent yourself if you do not have a lawyer.

First, click on the correct guide (see links below) to see a list of step-by-step instructions. Then read the instructions. Once you are familiar with the instructions, print out or download the forms you need and fill them out.

Note: The person who applies for the order and starts the proceedings in court is often referred to as the plaintiff. The other party, who responds to such proceedings, is called the defendant. The person applying to get an order is also sometimes called the applicant. The defendant, who is responding to the application, is sometimes called the respondent.

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).
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.
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.
According to the BC Family Relations Act, the term "spouse" applies to the members of a same-sex or opposite-sex couple, married or in a common-law relationship. For the purpose of getting spousal support, if the parties are not married, they must have lived in a marriage-like relationship for at least two years and one party must apply for support within one year after they stop living together.
The term we use to describe a court order for one or more of child support, spousal support, custody, guardianship, and access.
In Supreme Court, the term used for a party who initiates the action or court proceedings.
In Supreme Court procedures, the term used for a party who responds to the action or court proceedings.
In many court proceedings, a term used for the party who initiates the action or court proceedings.
In many court proceedings, a term used for a party who responds to the application.