One building in Abbotsford for both courts
The Abbotsford Law Courts at 32375 Veterans Way hold the Provincial Court and the Supreme Court under one roof, and the Abbotsford Justice Access Centre is on the second floor of the same address (Suite 2100). For an Aldergrove family that is a real convenience: the registry for parenting and support, the family justice counsellors, and the Supreme Court registry for divorce and property are all in the same place, about 11 km by road from Fraser Highway at 272 Street. By comparison, the Surrey Provincial Court is about 29 km away and New Westminster about 43 km.
The two courts split the work. The Provincial Court deals with guardianship, parenting time and decision-making, contact, child and spousal support, and protection orders. Only the Supreme Court can grant a divorce or divide a home, savings, a business or a pension.
Which Provincial Court registry, and the early resolution steps
The Provincial Court Family Rules choose the registry. An existing case between the same people stays where it is. Otherwise a case involving children belongs in the registry nearest the child’s usual home, and any other case in the registry nearest the home of the person who starts it. For a child living in Aldergrove, Abbotsford is far nearer than any alternative. Families on the western side of the Township, or with a child living mainly elsewhere, may land in Surrey instead. The rule does not say how distance is measured, so confirm with the registry if you are anywhere near the middle.
Abbotsford is an early resolution registry, and the Abbotsford Justice Access Centre (604-851-7055) provides its early resolution services. Before an application, the parent who wants an order files and serves a notice to resolve (Form 1), has a needs assessment with a family justice counsellor, takes a parenting education course and joins at least one dispute resolution session, such as mediation; the other parent follows the same path before replying. The services are free, and counsellors work by phone and video as well as in person. The steps do not apply to an application limited to a protection order, a priority parenting matter, relocation, a consent order, case management or enforcement, and the assessor can waive the course or the session where the rules allow. A parent who completes the steps can go ahead even if the other does not take part. We prepare clients for the assessment and mediation, and review any agreement before it is signed.
Close to the border: children, travel and support
The Aldergrove crossing to Lynden, Washington, is minutes from town. Separation changes how a family handles trips across it.
Travel with a child. Canada recommends that a child travelling outside the country without one or both parents carry a signed consent letter. It is not legally required, but border officers and airlines may ask for one, even where a parenting order or agreement lets one parent decide travel alone. A letter from the other parent, with contact details, avoids delays at the crossing.
When there is a risk a child will not come back. Under section 64 of the Family Law Act, a court may order that a child not be taken out of a specified area. If a person proposes to take a child out of BC and is unlikely to return the child, the court can also require security, the surrender of passports, a transfer of property to a trustee, or payment of child support to a trustee. Those orders are separate from the relocation rules, which deal with a guardian’s planned move.
If a child is taken or kept across the border. Canada and the United States are both parties to the Hague Convention on the Civil Aspects of International Child Abduction, which has the force of law in BC under section 80 of the Family Law Act. The Attorney General is BC’s Central Authority for Convention cases. Act quickly: delay can affect the outcome.
Moving with a child to the United States. A planned move abroad is a relocation, and the rules are strict. Where a written agreement or order about parenting applies, the Family Law Act requires a guardian who plans to relocate to give every other guardian, and anyone with contact, at least 60 days’ written notice of the date and the new location; another guardian can apply to stop the move, and the court decides whether to permit or prohibit it. Where the parenting arrangements come from a divorce order, the Divorce Act has its own notice regime. A move to another country also raises questions this page cannot answer, such as US immigration status and whether a BC order will be recognised there, so get advice well before the 60 days start.
Support when a parent lives in the United States. The Interjurisdictional Support Orders Act lets a BC resident send a support claim, or a BC support order, to another reciprocating jurisdiction for a decision or for enforcement, and the United States is on BC’s list of reciprocating jurisdictions. The process runs through government offices rather than a private lawsuit in the other state.
Property, support and deadlines in brief
Separating spouses each start with a claim to half the family property and responsibility for half the family debt. Things owned before the relationship, gifts and inheritances can be excluded property, though their growth during the relationship is shared, and the court can divide unequally if equal shares would be significantly unfair. An unmarried couple qualifies after two years in a marriage-like relationship. More on property division.
Two years is the limit for claims to property, pensions and spousal support: from the divorce order for a married couple, from separation for an unmarried one (Family Law Act section 198(2)). The clock pauses during family dispute resolution with a recognised professional (section 198(5)); because that can be disputed, record the dates and take advice.
Child support follows the Federal Child Support Guidelines. Spousal support depends first on entitlement, then on amount and duration, with the Spousal Support Advisory Guidelines as a guide. Parenting decisions turn only on the child’s best interests. See child support, spousal support and co-parenting responsibilities. Our article on international family law when a spouse lives outside Canada covers more of the cross-border side.
A separation agreement or a premarital or cohabitation agreement holds up best when both sides disclosed their finances and had separate lawyers.
Lawyers on Aldergrove files
Judith A. Janzen, principal lawyer, leads the family practice. She and Candace Cho, KC joined forces in 2012. Associate counsel Rupinder Shoker, Susan Kim, Rasjovan Dale and Katya Richardson, and associate lawyers Mason Heller, Shivleen Sidhu and Louisa Ledesma complete the family team.
Aldergrove family files are handled from our office at Suite 100, 26 Fourth Street, New Westminster. Other pages: Langley family lawyers and Aldergrove estate lawyers.
Common questions
Where will an Aldergrove family case be heard?
For a child who lives in Aldergrove, the Provincial Court registry is Abbotsford, on Veterans Way, unless an existing case or a child living mainly elsewhere points to another registry. Supreme Court claims can be filed in Abbotsford too, or elsewhere.
Can I take my child to Washington State after we separate?
Check your parenting order or agreement first. Even if you may decide travel alone, carry a signed consent letter from the other parent. If the other parent objects, or you fear the child will not be returned, get advice before the trip.
Can child support be enforced if the other parent moves to the United States?
Yes. The United States is a reciprocating jurisdiction under BC’s Interjurisdictional Support Orders Act, so a claim or an order can be sent there for a decision or enforcement.
We live on the Abbotsford side of 276 Street. Does that change anything?
The law is the same on both sides: family law in BC is provincial, and divorce is federal. For a Provincial Court case the registry depends on where the child mainly lives, and from either side of the boundary Abbotsford is the nearest. Supreme Court claims can be filed in Abbotsford or elsewhere.
How are family files billed?
Hourly. Ask about the cost of a first meeting on (604) 900-2538.
