When dealing with family law matters in British Columbia, it’s important to understand which court has jurisdiction over your case. The two main courts that handle family law issues in BC are the Provincial Court of British Columbia and the Supreme Court of British Columbia. Each court has different rules, processes, and authority over certain types of claims. This post provides a general overview of these differences and the types of family law claims that can be brought under the Family Law Act and Divorce Act in BC. This is summary information only and is not legal advice—contact Lawfellow Legal Services for a consultation.

Provincial Court vs. Supreme Court: Key Differences

Provincial Court of British Columbia

Provincial Court is the lower court that handles many family law matters in a more accessible and cost-effective manner. However, its jurisdiction is limited to certain types of claims.

Family law matters Provincial Court can handle:

• Parenting arrangements (decision-making responsibility and parenting time)
• Child support
• Spousal support
• Guardianship of a child
• Protection orders (restraining orders for safety concerns)

What Provincial Court does NOT handle:

• Divorce proceedings (which fall under the Divorce Act)
• Property division and debt division
• Complex family law matters that require court orders beyond its jurisdiction

Provincial Court is often the preferred option for individuals who do not require the formal procedures of the Supreme Court and are looking for a simpler, lower-cost process.

Supreme Court of British Columbia

The Supreme Court of BC is the higher court that has the authority to hear all family law matters, including those that Provincial Court cannot handle.

Family law matters the Supreme Court can handle:

• Divorce (under the Divorce Act)
• Division of family property and debt
• Parenting orders, child support, and spousal support (same as Provincial Court but with additional authority)
• Exclusive occupation of the family home
• Enforcement of separation agreements
• Complex family law matters involving multiple legal issues

Since Supreme Court cases involve more complex legal procedures, they often require legal representation and can be more expensive and time-consuming than Provincial Court matters. However, for high-stakes disputes, especially those involving property division or divorce, the Supreme Court is the appropriate venue.

Family Law Claims Under the Family Law Act and Divorce Act

In British Columbia, family law matters are primarily governed by two key statutes: the Family Law Act (FLA) and the Divorce Act (DA).

Family Law Act (BC Law – Applies to Unmarried and Married Spouses)

The Family Law Act is a provincial law that applies to both married and unmarried couples, as well as parents who were never in a relationship. Claims that can be made under the FLA include:

• Parenting time and responsibilities
• Child support and spousal support
• Protection orders
• Property and debt division for common-law spouses (after 2+ years of cohabitation)

Divorce Act (Federal Law – Applies to Married Spouses Only)

The Divorce Act is a federal law that applies to married couples seeking a divorce. It governs:

• Divorce applications
• Child custody and access (now referred to as parenting time and decision-making responsibility)
• Child support and spousal support

The key distinction is that common-law spouses cannot file under the Divorce Act but can seek relief under the Family Law Act.

Which Court Should You Choose?

• If you need a simple parenting or support order, Provincial Court may be the better option as it is less formal, more affordable, and does not require a lawyer (Although I always suggest retaining a lawyer or, at the very least, obtaining Independent Legal Advice).
• If your case involves divorce, property division, or complex financial matters, you must go to the Supreme Court.
• In some cases, you may need to start in both courts if different aspects of your case fall under separate jurisdictions.

Need Legal Guidance? Contact R. Cameron Longfellow at Lawfellow Legal Services

Understanding the differences between Provincial Court and Supreme Court in BC can help you determine where to file your family law claim. However, every case is unique, and legal advice is essential to ensure you take the right steps.

At Lawfellow Legal Services, I provide affordable and accessible family law assistance across British Columbia, including Chilliwack, Kelowna, Kamloops, Vernon, and the Kootenays. Book a free 30-minute consultation to discuss your case and explore your legal options.

This post is for informational purposes only and does not constitute legal advice. For specific guidance on your family law matter, contact Lawfellow Legal Services today.