Guide to BC Court Forms for Family Law

Dealing with family law matters in British Columbia can be daunting, especially if you're a newcomer unfamiliar with the Canadian legal system. Whether you're applying for divorce, seeking child custody arrangements, requesting child or spousal support, or dividing property, you'll need to use specific court forms. This guide explains the most common BC family law court forms, where to find them, and how to complete them properly.

Understanding BC's Family Law System

Family law in British Columbia is governed primarily by two laws:

• The Family Law Act (FLA): This provincial law covers most family law matters including parenting arrangements (custody and access), child and spousal support, property division, and family violence protection orders. It applies to both married and unmarried couples.
• The Divorce Act: This federal law governs divorce. You must use federal court (the BC Supreme Court) to get a divorce.

BC has two levels of court that handle family law matters:

• BC Provincial Court (Family Division): Handles parenting arrangements, child and spousal support, and protection orders. It is generally less formal and less expensive than Supreme Court.
• BC Supreme Court: Handles all family law matters, including divorce, property division, and everything that Provincial Court handles. It is the only court that can grant a divorce or divide property and debt.

Where to Find the Forms

All official BC family law court forms are available for free online:

• Provincial Court forms: Available at provincialcourt.bc.ca
• Supreme Court forms: Available at bccourts.ca
• Justice Education Society: The website Family Law in BC (by Legal Aid BC) has guides and form-filling assistance.

Common Provincial Court Family Forms

Form 1 — Application to Obtain an Order

This is the starting form when you want to ask the Provincial Court for the first time for an order about parenting arrangements, child support, spousal support, or a protection order. You'll use this form to tell the court what you're asking for and why.

Form 2 — Counterapplication

If someone has filed a Form 1 against you and you want to ask the court for your own orders (not just respond to their application), you use Form 2. For example, if your ex-partner applies for sole guardianship, you might file a counterapplication asking for shared guardianship.

Form 3 — Consent Order

When both parties agree on the terms (parenting, support, etc.), they can jointly submit Form 3 to ask the court to make their agreement into a court order. This avoids the need for a hearing.

Form 4 — Financial Statement

Required whenever child support or spousal support is an issue. This detailed form requires you to disclose your income, expenses, assets, and debts. Accurate completion is essential — providing false or incomplete financial information can have serious legal consequences.

Form 5 — Guardianship Affidavit

Used when someone who is not a parent applies to become a guardian of a child. This requires a background check and detailed information about the applicant's relationship with the child.

Form 6 — Application for Case Conference

A case conference is an informal meeting with a judge to discuss the issues in your case and try to reach agreement. Form 6 requests this meeting.

Common Supreme Court Family Forms

Form F3 — Notice of Joint Family Claim (Joint Divorce)

Used when both spouses agree on all issues (divorce, parenting, support, property) and want to apply for divorce together. This is the simplest and fastest way to get a divorce in BC.

Form F1 — Notice of Family Claim

Used when one spouse starts a family law case in Supreme Court. This is the form you use if you're applying for divorce without your spouse's cooperation, or if you're also seeking property division, which can only be done in Supreme Court.

Form F4 — Notice of Family Claim (Reply)

The responding spouse's form. If your spouse has filed a Form F1 against you, you file Form F4 to respond and, if needed, make your own claims.

Form F8 — Financial Statement

The Supreme Court's financial disclosure form. Similar to Provincial Court Form 4 but more detailed. Required whenever support or property division is an issue.

Form F35 — Requisition (General)

Used to make procedural requests to the court, such as requesting a hearing date or asking the registrar to process a desk order divorce.

Form F36 — Certificate of Divorce

After your divorce order is granted and the appeal period has passed (31 days), you use this form to request your official Certificate of Divorce. You'll need this document to prove you're divorced — for example, if you want to remarry.

Form F52 — Desk Order Divorce Requisition

A desk order divorce is processed by a judge without a hearing. If your divorce is uncontested (both parties agree or the other party has not responded), you can apply for a desk order divorce using this form, which is faster and easier than appearing in court.

See also: How to Get Your SIN Number in Canada

How to Complete Court Forms: General Tips

1. Read the instructions: Every form has instructions. Read them carefully before you start filling in the form.
2. Use the correct form: Make sure you're using the right form for your court level (Provincial vs. Supreme) and your situation.
3. Be accurate and honest: Courts take false statements very seriously. Everything you put in a court form is treated as if you said it under oath.
4. Be specific: When describing what you want, be as clear and specific as possible. Instead of "I want custody of my children," say "I am applying for an order that the children reside primarily with me and have parenting time with the respondent every other weekend from Friday at 6:00 PM to Sunday at 6:00 PM."
5. Keep copies: Make at least three copies of every form you file — one for the court, one for the other party, and one for your own records.
6. File at the correct court registry: Generally, you file at the court registry closest to where the child lives (for parenting matters) or where either spouse lives (for divorce).

Filing Fees

Court forms may require filing fees when you submit them to the court registry:

• Provincial Court: Most family forms can be filed at no cost.
• Supreme Court: Filing fees apply. For example, filing a Notice of Family Claim costs approximately $200, and a Notice of Joint Family Claim costs approximately $80.
• Fee waiver: If you cannot afford filing fees, you can apply for a fee waiver. Ask at the court registry for the fee waiver application form.

Resources for Self-Represented Litigants

Many people in BC handle their family law matters without a lawyer. If you're representing yourself, these resources can help:

• Family Law in BC: familylaw.lss.bc.ca — Comprehensive guides, information, and form-filling tools from Legal Aid BC.
• Family Justice Centres: Free services including family justice counsellors who can help with parenting arrangements and support. Find locations at gov.bc.ca/familyjustice.
• Access Pro Bono: Free legal clinics where volunteer lawyers provide brief advice. Visit accessprobono.ca.
• Legal Aid BC: Free legal representation for eligible low-income individuals in family law matters. Visit lss.bc.ca.
• People's Law School: Free legal education resources at peopleslawschool.ca.
• Settlement agencies: Organizations like MOSAIC and ISSofBC may offer legal information sessions for newcomers.

Tips for Newcomers

• Language services: Court registries can arrange interpretation services if you need help in a language other than English. When you file your forms, let the registry know you'll need an interpreter for any hearings.
• Cultural considerations: BC's family law is based on the best interests of the child as the primary consideration. Cultural practices around family structure, gender roles, and child-rearing are considered but do not override the child's best interests.
• Foreign marriages and divorces: If you were married in another country, your marriage is generally recognized in BC. If you were divorced in another country, you may need to verify that the divorce is recognized in Canada before you can remarry.
• Don't ignore court documents: If you receive family law court documents, do not ignore them. There are strict deadlines for responding, and failing to respond can result in the other party getting everything they asked for by default.

Navigating BC's family law court forms can feel overwhelming, but with the right resources and careful preparation, you can handle many family law matters on your own. Start with the free resources listed above, and don't hesitate to seek legal advice if your situation is complex.

See also: Volunteering in Canada for Newcomers