The Courts

There are three levels of court in British Columbia: Provincial Court, Supreme Court and the Court of Appeal. In BC, all three levels of court hear family law cases. Each level of court has its own processes and rules. The Court of Appeal only hears cases that have first been decided in the other courts.

The BC Provincial Court family division is sometimes called Family Court. It hears cases and makes decisions under the Family Law Act about parenting arrangements, child and spousal support, and protection orders. It cannot make orders about property division or under the Divorce Act. Property and divorce must be dealt with in the BC Supreme Court.

The BC Provincial Court has rules and procedures that are generally easier to understand and follow than the BC Supreme Court. It is also less expensive. However, some people find that the formality of Supreme Court helps in complicated cases. Furthermore, the Supreme Court’s power to impose costs may discourage difficult parties from making unnecessary applications. See the table below that lists some of the differences between the two courts.

Many BC couples in conflict deal with parenting arrangements and support issues in Provincial Court and then move their case to BC Supreme Court to deal with property issues and get a divorce.