BC Supreme Court family applications: the new serve-then-file process.
BC Supreme Court family applications changed October 1, 2026. Learn the new serve-then-file sequence, Form F31, Form F32, Form F31.1 and response deadlines.
Old process vs. new process
| Before Oct. 1, 2026 | From Oct. 1, 2026 |
|---|---|
| The ordinary sequence began by filing the application materials, then serving them. | The usual Rule 10-6 sequence begins by serving the unfiled application materials, then waiting for responses before setting the hearing and filing the application package. |
The new Rule 10-6 sequence
- Applicant serves unfiled materials. Rule 10-6(2) requires service of an unfiled Form F31 Notice of Application and supporting affidavit/evidence that has not already been served. Some applications require additional documents.
- Respondent serves an unfiled F32 and evidence. The ordinary period is 5 business days after service. Rule 11-3 applications get 21 days. Applications to change, suspend or terminate a final order; set aside or replace a filed agreement; change/set aside a parenting-coordinator determination; or change/suspend/terminate a filed arbitration award get 14 days.
- Applicant may serve reply affidavits. The ordinary reply period is 3 business days after service of the response materials; specified longer-response applications have a 5-business-day reply period.
- Only then can the application be set for hearing. The applicant must wait until each person required to be served has responded or their response time has expired.
- Applicant files Form F31.1 and the served application package. Rule 10-6(13.4) uses the new Notice of Hearing of Application, Form F31.1, together with the F31 and application evidence.
- The filed F31.1 is served. For ordinary applications it must generally be filed and served at least 4 business days before the hearing. Specified 14-day-response applications have a 7-day hearing-notice requirement; applications estimated to take more than 2 hours have additional scheduling and notice rules.
Deadline reference: which period applies?
These are different clocks in the usual Rule 10-6 process. Count from the event the rule names; do not treat every number below as business days.
| Step | Ordinary or listed special period |
|---|---|
| F32 response — ordinary application | 5 business days after service of the application materials. |
| F32 response — Rule 11-3 summary trial | 21 days after service. |
| F32 response — listed final-order, filed-agreement, parenting-coordinator or arbitration-award applications | 14 days after service. |
| Applicant’s reply affidavits | Generally 3 business days after the response materials; 5 business days for specified application categories. |
| File F31.1 and serve the filed hearing notice | Ordinarily at least 4 business days before hearing; listed applications need at least 7 days. |
| Hearing expected to last more than 2 hours | A registrar fixes the date; file F31.1 and serve the filed notice within 7 days after it is fixed and at least 14 days before hearing. |
These are the standard categories in amended Rule 10-6, not an individual deadline ruling. Service method, court orders, holidays and unusual procedures can change what a particular litigant must do. The Form F31.1 guide explains the hearing notice and its fields.
Example: why the hearing date is not chosen first
In a fictional ordinary application, the applicant serves unfiled F31 materials. The respondent’s normal response period is five business days, not five calendar days. Once every required person has served a response or their time has expired, the applicant may set the hearing under Rule 10-6(13.1), then file F31.1 with the served application package and provide the required notice. A registrar sets hearings estimated over two hours. This example is about the order of steps, not a calculated filing date.
Application record: new 5/2-day window
After the hearing has been set, Rule 10-6(14) governs the application record. Under the October 1, 2026 amendments, the record is usually provided to the registry no earlier than 9:00 a.m. on the business day that is 5 business days before the hearing and no later than 4:00 p.m. on the business day that is 2 business days before the hearing, unless a registrar fixes an earlier date. The applicant must also serve the application-record index by the amended deadline. See the application record and Form F32.2 guide.
When personal service is specifically required
Rule 10-6(2.1) specifically requires personal service for several categories, including applications to change, suspend or terminate a final order; set aside or replace a filed agreement; change or set aside a filed parenting-coordinator determination; change, suspend or terminate a filed arbitration award; contempt applications under Rule 21-7; and applications under Family Law Act s. 231(2) seeking imprisonment.
Cost and timing implications
The new sequence can affect when filing fees are paid and when hearing preparation costs are incurred. It also creates an earlier point for parties to see each other’s positions before a hearing is booked. That can matter when deciding whether to buy a short block of legal advice, ask a lawyer to review F31/F32 materials, or keep counsel for the whole application.