Robson Square or 800 Smithe Street
The Family Law Act gives the Provincial Court jurisdiction over most family matters, then takes some away. It cannot divide property or debt (a companion animal is the one exception), it cannot divide a pension, and it cannot grant a divorce, which is a Supreme Court power under the federal Divorce Act. In practical terms:
| If the dispute is about | Provincial Court, Robson Square (800 Hornby) | Supreme Court, Law Courts (800 Smithe) |
|---|
| Parenting time, guardianship, contact | Yes | Yes |
| Child or spousal support | Yes | Yes |
| Protection orders | Yes | Yes |
| A condo, house, investments, a business or a pension | No, except a companion animal | Yes |
| The divorce itself | No | Yes |
A case can begin in one court and later need the other. Parents who have agreed on property and only need a parenting and support order may be well served at Robson Square. Anyone with assets to divide, or who wants a divorce order, needs the Supreme Court sooner or later, and it can deal with every issue in one file. We advise on the choice before anything is filed, because changing course later costs time.
What changed at Robson Square in November 2025
For several years the Robson Square registry ran under its own “family justice registry” rules. On November 1, 2025 it became an early resolution registry, and it is listed as such in Appendix 1 of the Provincial Court Family Rules as amended on May 1, 2026. Two consequences follow.
A case started at Robson Square before that date keeps going under the rules that applied when it began: rule 200 says the family justice rules continue to apply to a matter started in a former family justice registry. If you have an older Provincial Court file, do not assume the new steps below apply to it.
A new case is different. Before filing an application about a family law matter, the person starting it must, unless the rules provide otherwise, file a notice to resolve (Form 1), give a copy to every other party, take part in a needs assessment, complete a parenting education program and attend at least one consensual dispute resolution session. The person replying has to complete the assessment, the program and a session before filing a reply. Several exceptions exist. Someone asking only for a consent order, a protection order, an enforcement or case management order, a relocation order or an order on a priority parenting matter is not bound by them. The parenting program can be waived for listed reasons, such as completing it in the last two years or every child being 19 or older, and the dispute resolution session can be dropped where it is not appropriate. Protection orders and priority parenting matters may be applied for before the steps are complete.
In Vancouver the early resolution services are delivered by the Vancouver Justice Access Centre, 290-800 Hornby Street, in person or by phone or video. Its family justice counsellors are neutral; they do not act for either party. We prepare clients for the needs assessment and the mediation session, review any agreement that comes out of it, and take the application to court if the steps do not settle the matter. Our family mediation lawyers also act in private mediations.
The registry itself is set by the rules, not by convenience. With an existing case between the same parties, filings go to that registry. Otherwise, for a case involving a child, it is the registry closest to the home where the child lives most of the time; without a child-related issue, the one closest to the residence of whoever files first. A downtown address may well point to Robson Square, but a family living on the North Shore or in Richmond may be sent to another registry even if one parent works downtown. Confirm with the registry before filing.
Starting a Supreme Court case at the Law Courts
In the Supreme Court, the first document is a notice of family claim, or a joint family claim if both spouses have agreed on everything and want an order or a divorce. The early resolution steps above do not apply there. The Supreme Court has its own gateway: until a judicial case conference has been held, a party must not serve a notice of application, subject to exceptions. The conference is a private meeting with a judge or associate judge to narrow the issues. The exceptions include consent orders and urgent applications; we will tell you if yours qualifies.
Disclosure is the next pressure point. Each party who must provide income information under the child support guidelines files a sworn financial statement in Form F8 with the supporting documents, and where property or debt is claimed, further parts of the same form. Our article on incomplete disclosure explains what happens when one side holds back.
Income that is not just a salary
The Federal Child Support Guidelines start from the line on a tax return that shows total income. For a salaried employee that is the end of the inquiry. For a parent paid in bonuses, commissions or shares, or through their own company, it is the beginning, and the Guidelines give the court several ways to look past the tax return:
- Fluctuating pay. If the most recent year does not give the fairest figure, the court can look at the last three years and set an amount that reflects a pattern of income, a fluctuation or a one-time payment (section 17).
- A private company. Where a parent is a shareholder, director or officer and the personal tax return does not fairly reflect the money available for support, the court can add all or part of the company’s pre-tax income, or an amount matching the services the parent provides to it (section 18).
- Imputed income. The court can impute income in listed circumstances, among them deliberate under-employment, income diverted elsewhere, property not reasonably used to earn income, unreasonable expense deductions, and income taxed at a lower rate such as dividends or capital gains (section 19).
- Stock options. When a parent exercises employee stock options in a Canadian-controlled private corporation, the gain is added to income for that year under the adjustments in Schedule III.
- High incomes. Above $150,000, the court can depart from the table amount for the income over that figure, having regard to the children’s needs and the parents’ means (section 4).
Each of these is fact-dependent, and a business valuation or income report may be needed. We have written about how child support is calculated where a spouse earns corporate income, and our child support page covers special expenses and changes to support. The same income questions drive spousal support, where ranges come from the Spousal Support Advisory Guidelines; see our spousal support page.
Property and the two-year limit
Family property is shared equally from the date of separation, whoever holds title, subject to an agreement, excluded property such as inheritances and assets brought into the relationship, and the court’s power to divide unequally where equal division would be significantly unfair. A downtown condo, a holding company and a stock portfolio are all part of that exercise, and so are debts. Our property division page explains the exclusions, and the article how long after separation can you claim assets covers timing in detail.
Timing is strict. Section 198 of the Family Law Act requires a claim to divide property, debt or a pension, or for spousal support, to be started within two years. For married spouses the two years run from the divorce judgment; for unmarried spouses, from the date they separated. Parenting and child support have no such deadline.
Getting divorced
To divorce in BC, one spouse must have been habitually resident here for at least the full year before the case is started. The Act does not define “habitually resident”; it is a question of fact, and anyone who has recently moved to Vancouver, or works partly abroad, should take advice before filing. The only ground is breakdown of the marriage, shown by living separate and apart for at least a year or by adultery or cruelty. A divorce normally takes effect on the 31st day after judgment, subject to any appeal; an earlier date needs a court order and the spouses’ undertaking not to appeal. The paperwork is covered in how to file for divorce in BC and uncontested divorce in BC; also see our divorce lawyers page. There is no formal “legal separation” in BC; our article on filing for separation explains why.
Our family lawyers
Judith A. Janzen, a principal of the firm since she and Candace Cho, KC joined forces in 2012, leads the family group. Her profile notes that since her call in 2000 she has practised as litigation counsel in downtown Vancouver. Depending on the file, you may also work with:
- Rupinder Shoker, associate counsel since her 2011 call, an experienced trial lawyer at all three levels of BC court
- Susan Kim, associate counsel (2000 call), family and estate litigation, also in Korean
- Rasjovan Dale, associate counsel (2018 call), also in Punjabi
- Katya Richardson, associate counsel (2018 call), including limited-scope (unbundled) help for people running their own case
- Mason Heller and Shivleen Sidhu, associates since 2019; Shivleen is fluent in Punjabi
- Louisa Ledesma, associate (2024 call), who speaks Tagalog and conversational Mandarin
All profiles are on our team page.
Common questions
I have an old Provincial Court file at Robson Square. Do the new early resolution steps apply?
Not automatically. A case started there before November 1, 2025 continues under the family justice registry rules. A new case between different parties, or a fresh filing, may be treated differently, so check with us or the registry.
Do I have to go through the Justice Access Centre before going to the Supreme Court?
No. The early resolution steps apply to applications in the Provincial Court. The Supreme Court has its own first step, the judicial case conference.
My spouse owns a company and pays himself very little. How is support worked out?
The court can add some or all of the company’s pre-tax income, or impute income, under sections 18 and 19 of the Child Support Guidelines. Full corporate disclosure is needed, and sometimes an expert income report.
How long do I have to claim a share of the condo?
Married spouses have two years from the divorce order; unmarried spouses have two years from separation. Do not wait for the deadline: assets can be sold or mortgaged in the meantime.
What does the first meeting cost?
The firm bills family work by the hour. Consultation terms are explained when you phone (604) 900-2538.
