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

Figuring out which court you should go to is an important first step in any family law case. In BC, the Supreme Court and the Provincial Court handle some of the same types of cases. But procedures, time frames, the kinds of orders you can get, and costs are different. See the charts and text below for more information.

Sometimes you don't have a choice

Which court handles which issues?

What are the courts like?

The benefits of using both courts

If you need more help deciding where to file your case

Sometimes you don't have a choice

There are times when you don't have a choice about which court you go to. If your case has already been filed, or if you want to change an order that's already in place, you generally have to go back to the same court you started in. Get legal advice if you want to go to a different court.

If you want to use the federal Divorce Act, you must go to Supreme Court. If you want to use just the provincial Family Relations Act in your case, you must go to Provincial (Family) Court.

The other situations when you don't have a choice are listed in the table below.

Which court handles which issues?

You can go to either Provincial Court or Supreme Court if you want... You must go to Supreme Court if...
child or spousal support you have property you want the court to divide or protect
custody you want a divorce or annulment
access your case involves an adoption
to enforce a support order your former partner lives outside BC*
guardianship you need to use the Divorce Act in your case
a no-contact order you want a restraining order that keeps the other party from selling property

*You may be able to go to Provincial Court if your former partner lives outside BC, but the law on this issue is not simple. Ask a lawyer about your particular situation. You can also read our fact sheet about interjurisdictional issues.

What are the courts like?

Provincial Court has... Supreme Court has...
an informal atmosphere a formal atmosphere
more locations fewer court locations
less paperwork (than the Supreme Court) lots of paperwork
fewer rules many rules
lawyers representing people, but also many people representing themselves mainly lawyers representing people
rules that let you give give spoken evidence about your case rules that say you must give written evidence about your case (for example, an affidavit) to get a non-final order
no filing or trial fees filing fees to start your case ($200) and then to apply for a non-final order ($80); significant trial fees
no ability to award costs the ability to award costs

 

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The benefits of using both courts

In some situations, you may find it best to use both courts. You could get most of your orders in Provincial Court, and then just apply for your divorce order in Supreme Court. This approach might save you money and time, especially if you and your spouse agree on what should be done.

On the other hand, it could make things more complicated to have to deal with two different courts. It can also be a problem if you ask more than one court to deal with issues about custody and support.

If you need more help deciding where to file your case

For more information, see the rest of the resources (audio, video, and maps) in our multimedia section If you need to choose a court, or see Who can help?

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. If your case is in Supreme Court, see Supreme Court Rule 15-1 (1) to find out which form to use for your situation.
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 by his or her lawyer. A trial is also sometimes called a hearing, especially in Provincial Court.
A document that contains facts that you swear under oath or affirm to be true. A lawyer, notary public, or commissioner of oaths must witness your signature and sign your affidavit.
In Supreme Court or the Court of Appeal, a master or judge's order that the losing party in a lawsuit pay the legal expenses (which may include court fees, disbursements, and legal fees) of the successful party. These orders may be made after an interim hearing but are usually made at the end of a trial or appeal.

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