BC early resolution: what happens before a family-law application?
In many Provincial Court registries, regular Family Law Act matters go through an early-resolution process before a Form 3 application — and in many cases before a Form 6 reply — can be filed.
What the process is trying to do
Early resolution is designed to help families identify the issues, get information and try a consensual resolution step before moving into a contested court application. It is not the same thing as giving up the right to go to court. If the dispute remains unresolved after the required steps, the court process is still available.
The ordinary steps
- File Form 1 — Notice to Resolve a Family Law Matter. This starts the early-resolution process; it is not an application asking a judge for an order.
- Provide a copy to each other party. The Rules require the person starting the process to give the Notice to Resolve to the other party or parties.
- Participate in a needs assessment. A family-justice professional helps identify issues and possible services.
- Complete the parenting education program where it applies. Parenting After Separation is part of the process for many families with children.
- Participate in at least one consensual dispute-resolution session where appropriate. If the matter does not resolve, the next filing step can proceed after the requirements are met.
What if you are replying to someone else's Form 3?
This is easy to miss. In an early-resolution registry, Rule 11 says the person filing the reply generally must also participate in the needs assessment, parenting education program and at least one consensual dispute-resolution session before filing Form 6, unless an exception applies. Form 6 still has a 30-day filing deadline after service, so it is important to start those requirements quickly.
Which applications are different?
The current Rules create exceptions for several “other order” processes, including case-management orders, protection orders, priority parenting matters, relocation, consent orders and enforcement. These applications can have their own forms and notice requirements.