Supreme Court — If you can't agree — Information for applicants

How to apply for a non-final family order

About this guide

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

This self-help guide is for people who want to apply for a non-final order about custody, guardianship, access, and/or support.

This guide is also for people who can agree on some issues but not on others, such as what the terms of access should be (for example, how much spousal or child support should be paid or how often, on what day, or at what times access should be).

Important: If either party lives outside BC, you may not be able to use these guides. Please contact a lawyer for advice. Also see our fact sheet What if one party lives outside BC? (interjurisdictional issues). For more information about getting support and to get the forms you need, see Interjurisdictional Support Orders on the Ministry of Attorney General website.

This guide won't tell you how to apply for a divorce, get final orders, or divide property. For more information about doing your own divorce, see our online divorce guide. A family law case can move forward with or without a divorce. For information about getting final orders, see our self-help guide How to get a final family order in Supreme Court if you agree.

Important: If you weren't 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're not married. There are important time limits to know about.

It's a good idea to get some legal help before you begin. If you can't afford a lawyer, there are other ways to get legal help, including the Lawyer Referral Service, pro bono (free) clinics, family duty counsel, or advice lawyers. In Nanaimo and Vancouver, staff at Justice Access Centres can also answer your questions and help you fill out forms. See Who can help? for more information.

Tips: 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.

You can 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.

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