Form 38: Order for Imprisonment
Form 38 is the court-issued document used after a judge orders imprisonment as an extraordinary enforcement remedy under section 231 of the BC Family Law Act.
Form 38 is not an application, summons, or automatic consequence of unpaid support. It records a judge’s exceptional decision under the Family Law Act when no other order will sufficiently secure compliance.
When can the court issue Form 38?
Section 231 applies when a person has failed to comply with an order made under the Family Law Act and the court is satisfied that no other available order under that Act will be enough to secure compliance. Section 231(2) allows imprisonment for up to 30 days, subject to the statutory limits and exceptions. Rule 150(3) requires that a resulting imprisonment order use Form 38.
What must happen before imprisonment?
The person must have a reasonable opportunity to explain non-compliance and show why imprisonment should not be ordered. A judge may direct the structure of the hearing, including that it be conducted as a trial under Rule 150(2). An application, a threat by another party, or an arrest warrant alone is not an imprisonment order. Rule 151 provides a distinct process for a warrant to bring a person before court for a potential extraordinary-remedy hearing.
What does the issued order say?
- Court registry, file number, the names of the parties and the named person affected.
- The judge and date of the order and acknowledgment that the person had an opportunity to explain the alleged non-compliance.
- The specified number of days of imprisonment in the court order.
- Directions to peace officers and the keeper of the provincial correctional centre.
- Court authorization; only a judge can make the decision and the court issues the document.
Is imprisonment automatic or a way to erase the obligation?
No. The court must first make the exceptional findings. The underlying duty is not discharged by imprisonment under section 231(3)(c). Rule 152 allows suspension on terms or for a period, and Rule 153 allows a person imprisoned under section 231(2) to apply for release. Those are court-controlled outcomes, not automatic results of filing paperwork.
Worked example
After repeated failures to follow a Family Law Act order, a judge considers whether lesser statutory remedies will secure compliance. Only after hearing the person and finding the section 231 requirements satisfied may the judge make a Form 38 order. The other party cannot create or execute the order themselves.
What to do if this affects your case
Obtain the actual court order and hearing record, confirm the legal basis, and seek urgent legal advice if a person is facing or subject to imprisonment. Distinguish Form 38 from a support debtor’s committal-hearing summons under a different enforcement scheme and from Form 32 arrest warrants.
Official sources
- Official BC government Form 38 (PDF)
- BC Provincial Court Family Rules — 150(1)–(3); Family Law Act s. 231
- BC government Provincial Court family forms library
- Family Law Act, section 231
- Official prescribed Form 38 (BC Laws PDF)
Primary-source cross-check: October 13, 2026. Targeted guide review, not a certification of every possible case or later legal amendment.