Steps in the Early Resolution Process

In most cases, the Early Resolution Process will look like this:

1. Contact a Family Justice Centre or Justice Access Centre (JAC) (or call (1-844-747-6963) to get information about where and how to start and make an appointment for a needs assessment.
    
2. You can talk to the staff at the Family Justice Centre or JAC about your options for when to do this step, but when you are ready, file a form called the Notice to Resolve a Family Law Matter at the relevant Provincial Court Early Resolution Registry. A copy of this form must be given to the other party but it can be done by email or text - it does not have to be formally served.
    
3. You must complete an individual needs assessment with a Family Justice Counsellor at the Family Justice Centre or JAC. An assessment involves talking to a Family Justice Counsellor about your situation, issues to be resolved and what supports might be helpful to your family. You will also be provided with referrals to get early legal advice.
   
   As part of the needs assessment, the Family Justice Counsellor will discuss with you whether consensual dispute resolution (usually mediation) is appropriate.
   
   If there are issues of power imbalances, safety or family violence, the Family Justice Counsellor will consider whether or not it's possible to adapt the dispute resolution process to make it safe for people to take part or may determine that mediation is not appropriate. The other parties involved will also complete an individual needs assessment.
    
4. You will need to complete the Parenting After Separation Program (PAS) unless you have completed it within the last two years or meet one of the few exemptions (find out more about what those are by talking to staff at the Family Justice Centre or JAC). PAS is free and available online 24/7.
    
5. If the Family Justice Counsellor determines consensual dispute resolution is appropriate, you must take part in at least one consensual dispute resolution session, as well as preparation for the session. This can happen in a number of ways.
   
   A Family Justice Counsellor or Child Support Officer at the Family Justice Centre or JAC can provide services free-of-charge.
   
   Or you may decide to hire a private family mediator (who meets the requirements of being a family dispute resolution professional under s. 4 of the Family Law Act Regulation) or participate in a private collaborative law process under a collaborative participation agreement.
    
6. When issues have been resolved, it's a good idea to formalize the agreement. You can choose to file the agreement with the court registry or apply to the court for a consent order.
   
   If issues are resolved through services provided at the Family Justice Centre or JAC, staff can document the arrangements in a written agreement or consent order, refer you to resources who can give legal advice and help you understand how to file that agreement or order.
    
7. If there are issues remaining that weren’t resolved, you must file a form called the Application About a Family Law Matter to proceed with the court process. It must be formally served on the other party who can file a reply.
    
8. The Family Management Conference is your first appearance in court. This is a less formal meeting with a judge to clarify the issues and options for resolution. The judge may make orders, including consent orders, interim (temporary) orders about your family law matters, or case management orders to make sure your case is ready for the next step.
    
9. The rules provide for separate processes for how protection orders and priority parenting matters (time sensitive decisions concerning a child) are addressed. There are also other changes to the rules including how protection orders and priority parenting matters (time sensitive decisions concerning a child) are addressed. There are also forms and processes for consent orders. The forms and process for consent orders have also changed. New forms were introduced to replace the current notice of motion process including forms for case management orders, applications for an order prohibiting relocation and enforcement matters. 
   
   For more information see the Family Justice Centre or Justice Access Centre and if possible a lawyer, who can help you understand the best process for a particular dispute.

Are the forms for the early resolution process different from the regular family forms?

All Provincial Court locations, including the Early Resolution Registries, are using the same family forms. The only form unique to an Early Resolution Registry is the Notice to Resolve a Family Law Matter.

The court forms are at the court registry. They're also available as fillable PDFs on the B.C. government Provincial Family Forms page.

The forms include:

• Instructions for completing the form
• Workbooks for all the application forms and the more complex forms. (The workbooks provide more guidance on how to respond to a question and where to get more information.)

You can also complete and file most family forms online using the Family Law Act Online Forms Service.

The free service includes guided pathways that ask you questions and put your answers into the required court forms. When you’re finished, you can save and file your forms electronically or print them to file in person.