There are two courts–Provincial Court or Queen’s Bench–where I can bring applications under the Family Law Act. Which court should I use?
For most family matters, you can file an application to either the Provincial Court or the Court of Queen’s Bench. Generally, the Provincial Court is less formal. However, there are certain family law matters where only the Court of Queen’s Bench can make an order. These matters are: • Exclusive possession of the family home or household goods • Declaration of Parentage (for all purposes of the law including surrogacy) • Declaration of Irreconcilability • Divorce • Matrimonial property applications • Financial support orders that deal with property or trusts. Therefore, you should talk to your lawyer about whether you need an order that only the Court of Queen’s Bench can make, and to which court you should bring your application under the Family Law Act. Sometimes it is better to apply for all orders in one court. It is possible, however, to apply to Provincial Court for one order (eg. child support) and apply for another type of order (eg. property division) in the Court of Queen’s B
Related Questions
- What is the difference between the cases that are tried in Supreme Court of BC and Provincial courts? What types of cases are tried in Municipal Courts?
- What happens if I am currently bringing an application to court seeking relief under another Act when the Family Law Act becomes the law?
- What happens if I and/or my partner are involved in Family Court proceedings? Can the Family Law Courts deal with the bankruptcy?
