Appeals from Provincial Court Family Cases

Last Reviewed: September 2026 Reviewed by: JES

Appeals from Provincial Court Family Cases

Before you appeal, be clear on whether you're looking to change an order or appeal an order.

People change orders all the time as situations change. Appealing an order is rarely done.

You appeal an order when it has recently been made by a judge and you think the judge made a mistake about the facts or the law. You can't present new evidence on an appeal. You have to appeal the order right away.

You change or vary an order when the facts or circumstances have changed. There's no time limit — usually some time has passed before you go back to court to change your order. You do this in the same court that made your first order.

Appealing a Provincial Court Family Order

Section 233 of the Family Law Act allows you to appeal a family court final orders made in Provincial Court. Interim orders in Provincial Court can't be appealed.

The appeal is governed by a standard set of rules. You must bring the appeal within 40 days of the Provincial Court order. The procedure is set out in Rule 18-3 of the Supreme Court Family Rules.

Find the Form

Self represented litigant's appeal package

Key Terms

An interim order is an order that does not finally settle matters between the parties.

Read the Rules

S.233 Family Law Act - Appeals from Provincial Court Orders

Rule 18-3 Supreme Court Family Rules - Appeals

You must make and serve the following documents to the respondent:

For appeals under s.223 of the Family Law Act A notice of appeal in Form F80
An affidavit of service of the notice of appeal
A complete transcript of the oral evidence given at the Provincial Court hearing and the reasons for judgment (the appellant must order and pay for these) and
A written outline setting out
- The grounds of the appeal
- The order you are asking the court to make
- The facts and law that you are relying on (including a list of authorities – case law and legislation)

You cannot bring new evidence to the appeal in Supreme Court (unless the court gives its permission to do so, which is unusual).

The Supreme Court will review the transcript of the Provincial Court hearing and hear your legal argument (your reasons why the Provincial Court did not properly apply the law to the facts of your case).

After hearing your appeal, the Supreme Court can make one of these orders: