Court Actions

Court Actions Lawyers in Vancouver

To obtain any family order, including a divorce order, an action must be started in court. There are two levels of court relevant to family law: the Provincial Family Court and the Supreme Court of British Columbia.

BC Court Actions

Provincial Family Courts have limited jurisdiction and can only deal with issues concerning children, support, and protection orders. The Supreme Court of British Columbia has jurisdiction to deal with all issues arising from separation, including but not limited to property division, children, support, protection orders, and divorce.


Once a court action is commenced, there are routine steps and processes with strict timelines that apply to both parties. For example, the person who is served with the Notice of Family Claim in the Supreme Court must file his or her response within 30 days, failing which, a default judgment can be awarded to the claimant. 


All family actions require the parties to attend at least one mandatory meeting before a judge or master of court along with their lawyers (if any) to try to resolve as many issues by agreement as possible. These meetings are private, confidential, and without prejudice. 


Parties involved in family actions have obligations to ensure that all relevant information is provided to the court for a fair resolution. There are processes in family actions that parties may rely on to enforce disclosure obligations if a party is non-compliant.


If a matter proceeds to trial or summary trial, the judge will hear the evidence, the law, and arguments produced by each party, and determine the outcome of the issues. If a party is not happy with the outcome, he or she may consider appealing the decision.

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Court Actions
Frequently Asked Questions

  • Can we still settle outside of court once an action is started?

    Yes. Parties can reach a settlement any time before a judgement is pronounced. In fact, there are many avenues within the court process that encourage parties to settle, such as the mandatory Judicial Case Conference (meeting of parties before a judge to try to reach an agreement on as many issues as possible), the Notice to Mediate process that compels mediation, as well as settlement conferences.If you alone own the business, you can keep it provided you pay the equalization value of your spouse’s one-half interest. If you are unable to satisfy equalization payments with assets outside of the business, you may have to encumber, sell, or liquidate your business to satisfy the equalization payment. Other options available through out-of-court negotiations.

  • What does it mean for costs if I win?

    The judge will decide who is the substantial winner (as there are usually multiple issues in a family action and each party may win some and lose some) and award costs to that party.  Costs do not involve dollar-for-dollar of that party’s legal expenses—otherwise people would scramble to find the most expensive lawyer in town to scare off the opposing party. Instead, cost is awarded on a tariff system where each step of the action is awarded a certain value. Under certain circumstances, a judge may award double costs or special costs.

  • What should I do for service of the Notice of Family Claim, if I cannot locate my spouse?

    A court application can be made for alternative service. If granted, the court may allow you to serve your spouse by other methods besides physical service, including email, regular mail, or a newspaper ad.

  • If the stats show that over 90% of family actions are settled outside of court, why should I start the family action?

    There are a number of reasons. First, even if you and your spouse reached a settlement, you may still need to start the court action for a divorce order if you were married. Second, when a spouse is unreasonable in their position, or unwilling to provide adequate disclosure of their financial means, one of the most effective ways to push through those barriers to reach a fair resolution is by starting a court action. Third, there are emergency situations, such as domestic violence, child abduction risks, or dissipation of assets, where an immediate court order is needed to protect a party and their children. Fourth, there are time limitations for parties to commence an action for spousal support and property division claims. If you are close to the expiration of the limitation period, the action should be started promptly to preserve your claims.

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