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Final orders and family trials: what happens when the judge decides the case

If the parties cannot resolve the remaining issues, a family case can go to trial. A judge hears the evidence, applies the law and makes final orders on the issues being tried.

Last reviewed · Sep. 16, 2026
A trial is different

This is the more formal court stage

Witnesses may testify, each side can challenge the other side's evidence, and the judge makes findings based on the evidence and law.

What is a final order?

A final order is a court decision that finally decides an issue before the court rather than simply putting a temporary rule in place while the case continues. Final orders can also be made by consent if everyone agrees and the court approves the order.

“Final” does not always mean “can never change.” Some family orders — especially parenting and support orders — can later be changed if the legal requirements for changing them are met.

What does a family trial look like?

A Provincial Court family trial is usually one case being heard by one judge. The applicant and respondent sit on opposite sides, with their lawyers beside them if they have lawyers. The judge decides the unresolved issues.

1

Opening

The judge may ask what orders are being requested and what issues still need to be decided. The parties or lawyers may make short opening statements.

2

Applicant's evidence

The applicant presents evidence and witnesses first. The respondent gets a chance to question — cross-examine — those witnesses. If lawyers are involved, the lawyers do the questioning.

3

Respondent's evidence

The respondent then presents evidence and witnesses. The applicant can cross-examine them.

4

Closing submissions

Each side explains what order they want and why they say the evidence and law support that result.

5

The judge decides

The judge may give a decision at the end of the trial or reserve it and give reasons later, sometimes in writing.

What if I have a lawyer?

Your lawyer handles the legal presentation, objections, questioning and cross-examination. You still give your own testimony if you are a witness. If you do not have a lawyer, the judge may use a modified procedure to help self-represented parties present their case fairly.

How long is a trial?

There is no single standard length. It depends on how many issues, witnesses and documents there are. This is different from a short case-management appearance, which may deal with only one or two focused issues.

Official BC source: Provincial Court — Family trial.

Preparing for trial?

If the court schedules a trial preparation conference or directs you to complete one, see Form 22 — Trial Readiness Statement.