Do you need to go to Provincial (Family) Court or Supreme Court?

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

Figuring out which court you should go to is an important first step in any family law process. In BC, the Supreme Court and the Provincial Court handle some of the same types of cases. But procedures, time frames, costs, and the kinds of orders granted differ. This chart sets out some similarities and differences to help you decide which court would be better for your situation.

Note: If you or the other party have already started a court action, you must generally go back to the same court to change the order or take further action. Get legal advice if you want to go to a different court.

Provincial Court Supreme Court

You can go to Provincial Court if...

You can go to Supreme Court if...
you want child support you want child support
you want custody you want custody
you want access you want access
you want spousal support you want spousal support
you want guardianship you want guardianship
you want maintenance enforcement you want maintenance enforcement
  you have property you want the court to divide or protect
  you want a divorce or an annulment
  your case involves an adoption
  your former partner lives outside BC*
your case will require the use of the Family Relations Act only your case will require the use of the Divorce Act alone or the Divorce Act and/or the Family Relations Act
you want a restraining order (for example, an order restricting contact with the other party and/or his or her children) you want any type of restraining order (including orders restricting disposal of property)
*You may be able to go to Provincial Court if your former partner lives outside BC, but the law is not straightforward on this. If your former partner lives outside BC, ask a lawyer about your particular situation first.

Provincial Court has...

Supreme Court has...

an informal atmosphere a formal atmosphere
more court locations fewer court locations
minimal paperwork (compared to the Supreme Court) lots of paperwork
fewer rules many rules
lawyers representing people but many people representing themselves as well mainly lawyers representing people
rules that allow you to give spoken evidence about your case for either an interim or final order rules that say you must give written evidence about your case (for example, in an Affidavit) to get an initial (interim) order
no filing or trial fees significant filing fees to start your case ($208) and then to apply for an interim order ($62); significant trial fees to get a final order
no ability to award costs the ability to award costs (the judge/master can order that the other party pay your legal and filing fees)

Note: An initial order is a kind of interim order. The word "interim" refers to any order made before a trial and intended to be temporary.

Using both courts

In some situations, you may use both courts. For instance, you can go to Provincial Court to get a custody order, and then to Supreme Court to get a divorce. Although dealing with two separate courts may complicate matters, it may be easier in some ways (for example, less paperwork) — particularly if you get all the final orders you can in Provincial Court. But dealing with two separate courts can be a problem if issues about children and maintenance are in different courts or in both courts at once.

Note: See also our video clip, Choosing a Court, or listen to our audio clip, Do You Need to Go to Provincial (Family) Court or Supreme Court?

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.
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.
When both parties and their witnesses appear before a judge and give their evidence under oath and out loud. They are then cross-examined by the other party or his or her lawyer. A trial is also sometimes called a hearing, especially in Provincial Court.

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