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| B.C. Reg. 417/98 O.C. 1444/98 | Deposited November 25, 1998 effective December 1, 1998 |
| This archived regulation consolidation is current to December 31, 2019 and includes changes enacted and in force by that date. For the most current information, click here. |
[includes amendments up to B.C. Reg. 61/2019, May 13, 2019]
[en. B.C. Reg. 61/2019, s. 5.]
Early Resolution and
Case Management Model
Part 1 — Interpretation, Application and Purpose
1 (1) In this Appendix, the definitions in rule 5.01 (1) apply.
"early resolution requirements" means the requirements described in section 5 [early resolution requirements];
"these rules" means the Provincial Court (Family) Rules.
2 This Appendix may be cited as the "Early Resolution and Case Management Model" and is included within any reference to the "Provincial Court (Family) Rules".
3 This Early Resolution and Case Management Model applies in the Victoria registry, which is designated as an early resolution and case management model registry.
4 The purpose of the Early Resolution and Case Management Model is to encourage parties to resolve their cases by agreement or to help them obtain a just and timely decision in a way that
(a) takes into account the impact that the conduct of a case may have on a child and family,
(c) promotes cooperation between the parties, and
(d) provides processes for resolution that are efficient and consistent with the complexity of the cases to be resolved.
Part 2 — Early Resolution Requirements
5 Before filing a family law matter claim under Part 3 [Applying for Orders about Family Law Matters], a person seeking resolution of a family law matter in an early resolution and case management registry must, unless otherwise provided in this Early Resolution and Case Management Model,
(a) file a notice to resolve in Form A [Notice to Resolve a Family Law Matter] of Appendix C,
(b) provide a copy of the notice to resolve to the other person,
(c) attend a needs assessment under section 10 [participating in needs assessment],
(d) complete a parenting education program under section 12 [completing parenting education program], and
(e) participate in at least one consensual dispute resolution session under section 13 [participating in consensual dispute resolution].
6 The early resolution requirements described in section 5 are not required if a person is only applying for one or more orders that are to be made under Part 5 [Case Management Orders] or 6 [Applying for Other Orders].
7 For certainty, if a party applies for an order about
(a) a protection order under Part 9 [Protection from Family Violence] of the Family Law Act, or
(b) an extraordinary parenting matter
in addition to an order about a family law matter, the party may apply for the order about the protection order or the extraordinary parenting matter before complying with the early resolution requirements under this Part.
8 (1) For certainty, rule 20 (2) [judge may waive or vary rules] of these rules applies to this Early Resolution and Case Management Model.
(2) A party may make an application to waive or vary the early resolution requirements in accordance with Part 5 [Case Management Orders] of this Early Resolution and Case Management Model.
9 (1) The parties must meet the requirements of subsection (2) if no family law matter claim has been filed and more than one year has passed since the latest date on which one of the parties
(a) filed a notice to resolve a family law matter in Form A [Notice to Resolve a Family Law Matter] of Appendix C,
(b) completed a needs assessment,
(c) completed a parenting education program, or
(d) participated in a consensual dispute resolution session.
(2) Before the parties described in subsection (1) may proceed under this Early Resolution and Case Management Model,
(a) a party must file a notice of intention to proceed in Form B [Notice of Intention to Proceed] of Appendix C and provide a copy of the notice to the other party, and
10 Each party must participate in a needs assessment conducted by a needs assessor for the following:
(a) assistance with identifying legal and non-legal needs;
(b) information about resolving issues, including
(i) how to resolve family law matters and other issues out of court, and
(ii) how to apply for a court order;
(i) a referral to an appropriate parenting education program, or
(ii) an exemption from a parenting education program under Division 3 [Parenting Education Program] of this Part;
(d) referrals to other resources, including
(i) where and how to seek legal advice,
(ii) where and how to access legal information,
(iii) where and how to access resources for issues that are not legal in nature, and
(iv) where and how to access resources for children dealing with family changes;
(e) assessment about whether consensual dispute resolution under Division 4 [Consensual Dispute Resolution] of this Part is not appropriate;
(f) assessment about whether there is a risk of family violence;
(g) referrals to other resources for individuals and families experiencing or concerned about family violence.
11 For the purposes of this Division, a needs assessor must be a family justice counsellor appointed under section 10 (1) [family justice counsellors] of the Family Law Act.
Division 3 — Parenting Education Program
12 Each party must complete a parenting education program unless the needs assessor exempts that party because
(a) that party has already completed the parenting education program in the 2 years before the date of the needs assessment,
(b) the family law matter is only related to spousal support,
(c) every child involved in the family law matter has reached 19 years of age,
(d) that party resides in a community where the parenting education program is not offered in person and the party cannot access the online version,
(e) the parenting education program is not available in a language in which that party is fluent,
(f) that party is unable to attend the parenting education program in person and cannot complete an online version of the parenting education program due to literacy challenges, or
(g) that party cannot complete the parenting education program due to a serious medical condition.
Division 4 — Consensual Dispute Resolution
13 (1) The parties must attempt to resolve a family law matter by participating in at least one consensual dispute resolution session unless
(a) a needs assessor determines that the parties cannot access consensual dispute resolution services, or
(b) a needs assessor or a consensual dispute resolution professional determines that participation at a consensual dispute resolution session is not appropriate.
(2) To prepare for the consensual dispute resolution session, each party must participate in any preparatory meetings or other preparatory process as required by the consensual dispute resolution professional.
14 If financial information for consensual dispute resolution is required, it must be provided in the form required by the consensual dispute resolution professional.
Part 3 — Applying for Orders about Family Law Matters
Division 1 — Making Family Law Matter Claims
15 Before filing a claim about a family law matter, a party must meet the applicable early resolution requirements described in section 5 [early resolution requirements].
16 (1) A party who is seeking an order about the following must file and serve a family law matter claim in Form C [Family Law Matter Claim] of Appendix C:
(a) for a new order about a family law matter;
(b) to change or cancel all or part of an existing order or filed written agreement about a family law matter;
(c) to set aside or replace all or part of a written agreement about a family law matter that has not been filed.
(2) The family law matter claim under subsection (1) must be accompanied by the following, as applicable:
(a) a financial statement in Form D [Financial Statement] of Appendix C;
17 If the party is applying for one of the following orders, the family law matter claim must be filed with the following appropriate additional documents for the order:
(a) in relation to an existing order or written agreement, a copy of the existing order or written agreement;
(b) in relation to child support, if the child support guidelines require the person to provide information, a financial statement in Form D [Financial Statement] of Appendix C and any other documents required by the child support guidelines;
(c) in relation to spousal support, a financial statement in Form D [Financial Statement] of Appendix C;
(d) to be appointed as a guardian of a child, an affidavit in Form 34 [Affidavit] of Appendix A with the following exhibits attached:
(i) a record check from the Ministry of Children and Family Development;
(ii) a protection order record check from the protection order registry;
18 (1) A party making a family law matter claim under section 16 must arrange for the service of the family law matter claim by arranging for an adult who is not a party to leave a copy of the following documents with the party to be served:
(a) the family law matter claim;
(b) a blank copy of Form F [Reply to a Family Law Matter Claim] of Appendix C;
(c) any applicable additional documents, as described in section 17.
(2) The adult who serves documents under subsection (1) is to complete a certificate of service in Form E [Certificate of Service] of Appendix C and provide it to the party making the family law matter claim.
(3) If a reply is not filed under Division 2 within 21 days, the party making the family law matter claim must file the Certificate of Service.
Division 2 — Family Law Matter Replies and Counterclaims
19 (1) When a party is served with a family law matter claim, the party may reply to the family law matter claim, as described in section 21 [replying to family law matter claim].
(2) If the party served with a family law matter claim does not reply, the consequences described in section 23 [if no reply filed] apply.
20 Before filing a reply to a family law matter claim under section 21, a party must meet the applicable early resolution requirements described in section 5 [early resolution requirements].
21 If a party is served with a family law matter claim and replies,
(a) the party must file a completed reply in Form F [Reply to a Family Law Matter Claim] of Appendix C within 21 days after the date that the party is served the family law matter claim,
(b) the party may, in the reply, do any of the following:
(i) agree with one or more of the orders applied for in a family law matter claim;
(ii) disagree with one or more of the orders applied for in a family law matter claim;
(iii) make a counterclaim in accordance with section 22, and
(c) if the family law matter claim involves child support or spousal support, the party must file a financial statement in Form D [Financial Statement] of Appendix C.
22 (1) In the reply, a party may include a counterclaim to apply for an order about a different family law matter that was not included in the family law matter claim.
(2) If the counterclaim involves child support or spousal support, the party must file any applicable additional documents, as described in section 17 [additional documents when applying for certain orders].
23 If a party does not file a reply in accordance with section 21 (a) [replying to family law matter claim],
(a) the party is not entitled to receive notice of any part of the proceedings, including any conference, court appearance, hearing or trial, and
24 Despite section 23, a judge may direct that a party who does not file a reply under section 21 [replying to family law matter claim] receive notice of and attend a family management conference or another conference or hearing.
25 After the reply is filed, the registry must, within 21 days, provide a copy of the reply and all documents filed with the reply to the party who filed the family law matter claim.
26 A party may reply to a counterclaim by filing and serving a reply to the counterclaim in Form G [Reply to a Counterclaim] of Appendix C within 14 days after the date that the party receives the counterclaim in the reply.
Part 4 — Family Management Conferences
Division 1 — Purpose, Participation and Information
27 A family management conference is an informal and time-limited process in which a judge
(a) may assist the parties to identify the issues to be resolved,
(b) may explore options to resolve the issues,
(c) may, if needed, make orders and directions under Part 5 [Case Management Orders] based on information provided by or on behalf of the parties to ensure a file is ready to proceed to the next step in the process,
(d) may, if needed, make interim orders under section 36 [interim orders], based on evidence provided by or on behalf of the parties regarding family law matters, to address needs until the parties resolve their family law matters in a subsequent step in the process, and
(e) may, if needed, make orders under
(i) section 23 [if no reply filed], if a party does not file a reply,
(ii) section 37 [consent orders], by consent of the parties, and
(iii) section 41 [orders made in the absence of a party], in the absence of a party.
28 All parties to a family law matter claim must attend a family management conference after complying with Part 3 [Applying for Orders about Family Law Matters].
29 (1) All parties must attend the family management conference.
(2) A lawyer of each party may attend the family management conference with the party.
30 A family management conference may proceed without a party who
31 For the purposes of a family management conference, the parties may be required to provide the following for consideration by a judge:
(a) information provided in a family law matter claim, reply and reply to counterclaim, if any;
(b) information provided in a financial statement;
(c) evidence given orally on oath or affirmation;
(e) submissions offered by the parties or by the lawyers of the parties.
32 (1) A notice of intention to proceed must be filed in accordance with subsection (2) if
(a) a party has filed a family law matter claim,
(b) there is no final order in respect of the claim, and
(c) more than one year has passed since the parties have taken any action under these rules.
(2) If subsection (1) applies, before the parties may proceed,
(a) a party must file a notice of intention to proceed in Form B [Notice of Intention to Proceed] of Appendix C, serve it on the other party and file a certificate of service, and
(b) the parties must participate in a family management conference.
Division 2 — Scheduling the Family Management Conference
33 If a family law matter claim and a reply have been filed, the registry must provide the parties with information about the procedure for scheduling the family management conference.
34 If a family law matter claim has been filed and a reply has not been filed and, based on the certificate of service, at least 21 days have passed since the family law matter claim was served, the registry must provide the party who filed the family law matter claim with information about the procedure for scheduling the family management conference.
Division 3 — Family Management Conference Proceedings
35 At a family management conference, a judge may direct a party to do any of the following:
(a) attend consensual dispute resolution;
(b) attend a family case conference;
(c) return for another family management conference;
36 At a family management conference, a judge may make one or more of the following interim orders:
(a) an allocation of parental responsibilities;
37 At a family management conference, a judge may make one or more of the following orders, including final orders, with consent of the parties:
(a) an allocation of parental responsibilities;
38 At a family management conference, a judge may make an order that a party complete the early resolution requirements under section 5 [early resolution requirements].
39 At a family management conference, a judge may make any conduct order that may be made under Division 5 of Part 10 [Orders Respecting Conduct] of the Family Law Act, including the following:
(a) prohibiting a party from making an application respecting any matter over which a parenting coordinator has authority to act under an agreement or order, other than an application changing or setting aside a parenting coordinator determination, without permission of the judge, under section 223 [orders respecting case management] of the Family Law Act;
(b) requiring the parties to participate in family dispute resolution under section 224 (1) (a) [orders respecting dispute resolution, counselling and programs] of the Family Law Act;
(c) requiring the parties to attend counselling, specified services or programs, under section 224 (1) (b) of the Family Law Act;
(d) allocating or requiring one party to pay the fees related to the family dispute resolution, counselling, specified services or programs, if the party is ordered to attend, under section 224 (2) of the Family Law Act;
(e) setting restrictions or conditions respecting communication between parties, including respecting when or how communications may be made, under section 225 [orders restricting communications] of the Family Law Act, unless it would be more appropriate for a protection order to be made by a judge under Part 9 [Protection from Family Violence] of that Act;
(f) reporting to the court or to a person named by the judge at the time and in the manner specified, under section 227 [other orders respecting conduct] of the Family Law Act.
40 The parties may be required to attend a family management conference to prepare for a hearing, even if Part 3 [Applying for Orders about Family Law Matters] does not apply to the parties, if one of the parties has requested one of the following orders:
(a) reviewing, enforcing, changing or setting aside a determination of a parenting coordinator;
(b) permitting or prohibiting the relocation of a child under section 69 [orders respecting relocation] of the Family Law Act;
(c) setting reasonable and necessarily incurred expenses under any of the following sections of the Family Law Act:
(i) section 61 [denial of parenting time or contact];
(ii) section 62 [when denial is not wrongful];
(iii) section 212 [orders respecting disclosure];
(iv) section 213 [enforcing orders respecting disclosure];
41 (1) At the family management conference, a judge may make an order, including final orders, in the absence of a party.
(2) A judge may change, suspend or cancel an order made in the absence of a party, if
(a) there is a good reason for changing, suspending or cancelling the order, and
(b) that party applies within a reasonable time for the change, suspension or cancellation of the order using Form H [Application for Case Management Order] of Appendix C.
Part 5 — Case Management Orders
42 (1) One or more of the following case management orders may be made with or without application by a party:
(a) transferring the court file to another registry for one or more purposes;
(b) adding or removing a party to the proceeding;
(c) settling or correcting the terms of an order made under these rules;
(d) setting a specified period of time for the filing and exchanging of information, including a financial statement in Form D [Financial Statement] of Appendix C;
(e) correcting or amending a filed document, including the correction of a name or date of birth;
(f) requiring that a parentage test be taken under section 33 [parentage tests] of the Family Law Act;
(g) requiring that information be disclosed by a third party;
(h) adjourning a hearing or trial;
(i) requiring that a person who prepared a report under section 211 [orders respecting reports] of the Family Law Act attend a trial;
(j) respecting the conduct and management of a trial;
(k) allowing a person to attend a hearing or conference using electronic communication;
(l) shortening or extending a time limit set under these rules or a time limit set by an order or direction of a judge;
(m) allowing, waiving or modifying any service, delivery or notice requirement, including allowing an alternate method for the service of a document;
(n) requiring access to information in accordance with section 242 [orders respecting searchable information] of the Family Law Act;
(o) permitting any other means of proof instead of that required by these rules;
(p) waiving or varying any early resolution requirements;
(q) recognizing an extraprovincial order other than a support order;
(r) permitting a party to be exempt from a requirement under these rules.
(2) A party may apply for a case management order under subsection (1) by filing and serving the following on any other parties, at least 7 days before the date set for the hearing:
(a) an application for a case management order in Form H [Application for Case Management Order];
43 (1) A party may request in Form I [Application for Case Management Order Without Notice or Appearance] of Appendix C the case management orders described in section 42 (1) (k) to (r) without an appearance or without notice to any other parties.
(2) The judge reviewing an application under this section for a case management order without notice or an appearance may do the following:
(a) grant the order without the attendance of the parties;
(b) give directions to obtain further information, including to require the parties to attend to speak to the matter;
(c) require that notice be given to any other parties;
(d) reject the application with reasons.
(3) If a case management order is made without notice under this section, the party who applied for the order must ensure that the other party is served the case management order that is made.
Part 6 — Applying for Other Orders
Division 1 — Protection Orders
44 The application for an order about a protection order may be made before complying with the early resolution requirements described in section 5 [early resolution requirements] if a party is applying for both of the following:
45 (1) To apply to a judge to obtain, or to change a term or condition of or to terminate, a protection order under Part 9 [Protection from Family Violence] of the Family Law Act, a person must file
(a) an application about a protection order in Form K [Application about a Protection Order] of Appendix C, and
(b) any supporting evidence or documents.
(2) A person applying for an order about a protection order under this Division must arrange for the service of the application and supporting documents at least 7 days before the date set for the hearing by arranging for an adult who is not a party to leave a copy of the application and the supporting documents with the party to be served, unless the application is made
(b) with less than 7 days' notice.
(3) The adult who serves documents under subsection (2) is to complete a certificate of service in Form E [Certificate of Service] of Appendix C and provide it to the person applying for an order about a protection order.
46 (1) A person may, under section 45, apply to make the following application without notice to any party by completing Form I [Application for Case Management Order Without Notice or Appearance] of Appendix C:
(a) a protection order under section 183 [orders respecting protection] of the Family Law Act;
(b) to change a term or condition of or to terminate a protection order under section 187 [changing or terminating orders respecting protection] of the Family Law Act.
(2) If a judge determines that a party should be given notice of an application made under subsection (1), the judge may make directions regarding
(c) how notice is to be given, and
(d) any other directions that the judge considers appropriate.
47 Evidence at a protection order hearing under section 46 may be given
48 If a judge changes an existing protection order, including an extension of the protection order, a judge must terminate the existing protection order and make a new protection order.
49 If a judge makes or changes a protection order in accordance with this Division, a clerk must
(a) prepare the protection order unless the judge indicates otherwise,
(b) provide a copy of the protection order to the protection order registry,
(c) serve or provide a copy of the protection order on the party against whom the protection order was made or changed, as follows:
(i) if that party is present when the order is made or changed, provide the party with the protection order;
(ii) if that party is not present when the order is made or changed, arrange for the service of the protection order on that party within British Columbia;
(iii) if the registry is unable to arrange service under subparagraph (ii), notify the person who obtained the order and that person would subsequently be responsible for service, and
(d) provide a copy of the protection order to the person who made the application.
50 If a judge terminates a protection order, a clerk must
(a) prepare the termination order in Form L [Order Terminating a Protection Order] of Appendix C,
(b) advise the protection order registry about the termination of the protection order, and
51 A protection order made under Part 9 [Protection from Family Violence] of the Family Law Act must be in Form 25 [Protection Order] of Appendix A of these rules and does not need to be signed by the parties or their lawyers.
52 The expiry of a protection order or the change or termination of a protection order does not prevent a person from applying for subsequent protection orders.
Division 2 — Orders about Extraordinary Parenting Matters
53 The application for an order about an extraordinary parenting matter may be made before complying with the early resolution requirements described in section 5 [early resolution requirements] if a party is applying for both of the following:
54 To apply to a judge to obtain, or to change a term or condition of or to terminate, an order about an extraordinary parenting matter, a person must file and serve
(a) the application for an order about an extraordinary parenting matter in Form M [Application about Extraordinary Parenting Matter] of Appendix C, and
55 To apply to a judge for an order about an extraordinary parenting matter under this Division, a party must serve any other parties as follows:
(a) with the application and supporting documents at least 7 days before the date set for the hearing unless the application is made without notice or with less than 7 days' notice;
(b) if there is an address for delivery in the case on the court file for the party to be served,
(i) by leaving the documents at the party's address for delivery,
(ii) by mailing the documents by ordinary mail to the party's address for delivery,
(iii) if a party's address for delivery includes an email address, by emailing the documents to that email address, or
(iv) if a party's address for delivery includes a fax number, by faxing the documents to that fax number;
(c) if there is no address for delivery on the court file for the party to be served by arranging for an adult who is not a party to leave the documents with the party to be served, unless otherwise ordered.
56 (1) A person may, under section 54, apply to make an application for an order about an extraordinary parenting matter without notice to any party by completing Form I [Application for Case Management Order Without Notice or Appearance] of Appendix C.
(2) If a judge determines that a party should be given notice of an application made under section 54, the judge may make directions regarding
(c) how notice is to be given, and
(d) any other directions that the judge considers appropriate.
57 Evidence for a hearing with respect to the application for an order about an extraordinary parenting matter may be given
Division 3 — Orders about Relocation
58 To apply for an order, under section 69 [orders respecting relocation] of the Family Law Act, prohibiting the relocation of a child, a person must file and serve
(a) an application for an order prohibiting the relocation of a child in Form O [Application for Order Prohibiting the Relocation of Child] of Appendix C, and
(b) a copy of the existing order or agreement and the notice of relocation described in section 66 [notice of relocation] of the Family Law Act.
59 To apply for an order about a family law matter by consent without a hearing, the parties must file the following:
(a) an application for a consent order in Form N [Application for a Family Law Matter Consent Order] of Appendix C;
(b) a draft consent order in Form 20 [Consent Order] of Appendix A signed by the parties or their lawyers;
(c) any applicable additional documents, as described in section 17 [additional documents when applying for certain orders] of this Early Resolution and Case Management Model.
60 In considering whether to make a consent order, a judge may do the following:
(a) give directions to obtain further information, including to require the parties to attend to speak to the matter;
(b) amend the draft consent order and require the parties to attend to review and sign the changes;
61 In addition to the material filed under section 59 [applying for consent orders about family law matters without hearing], a party who is applying for appointment as guardian of a child must also file an affidavit in Form 34 [Affidavit] of Appendix A with the following exhibits attached:
(a) a copy of a record check from the Ministry of Children and Family Development;
(b) a protection order record check from the protection order registry;
62 The following time periods apply to applications for consent orders under this Division:
(a) an affidavit under section 17 [additional documents when applying for certain orders] must be sworn no more than 7 days before the date that the material under that section is filed;
(b) the record checks described under section 61 must be dated within 60 days before the date that the material under section 59 is filed.
63 (1) The parties applying for a consent order about a case management order must file,
(a) if the parties wish to speak to the matter, an application for case management orders in Form H [Application for Case Management Order], or
(b) if the parties do not wish to speak to the matter,
(i) an application for case management orders without an appearance in Form H [Application for Case Management Order] of Appendix C, and
(ii) a draft consent order in Form 20 [Consent Order] of Appendix A signed by the parties or their lawyers.
(2) The judge considering an application for a consent case management order may do the following:
(a) give directions to obtain further information, including to require the parties to attend to speak to the matter;
(b) amend the draft consent order and require the parties to attend to review and sign the changes;
64 (1) If an application is made for a consent order without the parties speaking to the matter, a clerk must place the application, draft consent order and supporting documents before a judge, who may
(a) approve and sign the consent order without the parties having to attend,
(b) require a party to file additional information, or
(c) direct that the parties, and any other person specified by the judge, attend before the judge to explain why the order should be made.
(2) If the judge gives a direction under subsection (1) (c), a clerk must notify the parties and any other person specified by the judge of the direction, including the date, time and place for the court appearance and any other information in the direction.
(3) If a consent order is made, a clerk must provide a filed copy of the consent order to the parties or their lawyers.
(4) Parties who have applied for a consent order and have had their application rejected must include a copy of the reasons for rejection with subsequent related applications for consent orders.
(5) The parties may apply for a consent order at any time while appearing before a judge by providing evidence as the judge may require.
Division 5 — Orders about Enforcement
65 To apply for an order about enforcement of any of the following, a party must, at least 7 days before the date set for the hearing, file and serve an application for enforcement in Form P [Application for Enforcement] of Appendix C, including a copy of the agreement, determination, or order to be enforced:
(a) enforcing a written agreement or order, including enforcement under the Family Maintenance Enforcement Act;
(b) reviewing, enforcing, changing or setting aside a determination of a parenting coordinator;
(c) setting reasonable and necessarily incurred expenses under any of the following sections of the Family Law Act:
(i) section 61 [denial of parenting time or contact];
(ii) section 212 [orders respecting disclosure];
(iii) section 213 [enforcing orders respecting disclosure];
(iv) section 228 [enforcing orders respecting conduct];
(v) section 230 [enforcing orders generally];
(d) in respect of extraordinary remedies under section 231 [extraordinary remedies] of the Family Law Act;
(e) determining whether or not arrears are owing under a support order made under the Family Law Act.
Contents | Rules 1 to 22 | Appendix A | Appendix B | Appendix C
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