The amendments to both courts' rules include:
- implementing the new terminology used by the Family Law Act (for example, parental responsibilities, parenting time and parentage tests);
- addressing the new concepts introduced in the act (for example, parenting coordination, conduct orders and protection orders);
- addressing new processes established by the act (for example, the enforcement of orders and applications to enforce or set aside the determinations of parenting coordinators); and,
- deleting reference to concepts not carried forward by the act (for example, restraining orders, parental support and declarations of irreconcilability).
Provincial Court Rules
Additional amendments are made to the Provincial Court (Family) Rules, unrelated to the new legislation, largely to correct minor errors and inconsistencies and improve to overall clarity of the rules. Among the more significant amendments are:
- allowing service by email;
- allowing service of applications outside British Columbia;
- requiring addresses for service when filing applications and motions;
- allowing lawyers to search court files; and,
- allowing the electronic filing of documents.
For the exact details of the current changes to the rules and forms, read the Order in Council (PDF) that will implement the changes. For a general introduction, read the ministry's overview (PDF).
Supreme Court Rules
Additional amendments to the Supreme Court Family Rules include:
- requiring personal service of applications to set aside agreements; and,
- addressing and assessing awards of expenses.
For the exact details of the changes to the rules and forms, read the Order in Council (PDF) that will implement the changes. For a general introduction, read the ministry's overview (PDF).