The New Westminster Law Courts at Begbie Square, 651 Carnarvon Street, house both courts that hear family cases. Their powers overlap, but not completely:
| Issue | Provincial Court | Supreme Court |
|---|
| Guardianship, parenting arrangements and contact with a child | Yes | Yes |
| Child support and spousal support | Yes | Yes |
| Protection orders | Yes | Yes |
| Dividing family property, family debt or a pension | No, apart from a companion animal | Yes |
| Divorce | No | Yes |
| Exclusive occupation of the family residence | No, though a protection order can restrict access to a residence | Yes |
The table follows sections 192 and 193 of the Family Law Act and the federal Divorce Act, under which the Supreme Court is the divorce court. A parent whose only dispute is the schedule and child support may stay in the Provincial Court. A divorce, a condo to divide or a pension to split takes the case to the Supreme Court. Some families have matters in both, so settle the route with a lawyer before filing.
Starting in the Provincial Court: the early resolution steps
The Provincial Court Family Rules decide the registry. An existing file between the same parties keeps everything in its registry. For a new case about a child, the test is which registry is closest to the child’s usual home; with no child issue, it is the registry closest to wherever the first filer lives. A child whose home is in New Westminster will usually mean filing here. A family at the edge of the city, or with an older file elsewhere, should confirm with the registry first.
New Westminster is on the list of early resolution registries in Appendix 1 to the rules, as amended on May 1, 2026. The default sequence, which the rules themselves qualify, has five parts for the person starting the case: Form 1 (the notice to resolve) and a copy of it to every other party; an individual needs assessment by a family justice counsellor; a parenting education course; and one or more consensual dispute resolution sessions. A responding party who wants to file a reply has to do the assessment, the course and a session too.
Many families skip part of it. Exemptions from the course are granted by the needs assessor in listed cases, among them a dispute limited to spousal support, children who are all 19 or over, a course taken within the last two years, or no version in a language the party is fluent in. A session is dropped where the assessor finds none can be accessed, or where the assessor or the mediator judges it unsuitable. And none of the steps apply when the only orders sought concern protection, a priority parenting matter, relocation, consent, case management or enforcement, or when a support-only applicant has assigned support rights to the government. Protection and priority parenting applications can be made before the steps are finished and, with the court’s permission, in another registry. If safety is a concern, tell us when you first call.
The New Westminster Family Justice Centre runs the steps free of charge from Columbia Square Plaza, 204-88 10th Street (604-660-8636), and also meets people by phone and video. Its counsellors are neutral and refer people elsewhere for legal advice. Our part is legal advice around those meetings: what to ask for at the assessment, preparation for the mediation, a review of any draft agreement and, failing settlement, the court application. Our family mediation lawyers also attend private mediations.
“Legal separation” needs no filing, but the date matters
No court order or registry document makes a couple “legally separated” in British Columbia. Under the Family Law Act, a couple can separate without either moving out, and a court may treat a spouse’s statement of an intention to separate permanently, or an action showing it, as evidence. Write down the date and what was said or done. Family property is identified as of that date, the two-year claim period for unmarried spouses runs from it, and for married spouses it starts the year apart that most divorces rely on. Our articles on separation laws in BC and on why no “meeting of the minds” is needed to separate cover disputed dates. Many couples settle everything in a written separation agreement and never go to court.
Protecting the home you live in
New Westminster is a city of apartments: in the 2021 Census about 45 per cent of households rented and 46 per cent of dwellings were condominiums. Those figures describe housing, not separations, but they explain why the questions below come up.
If the title is in your spouse’s name alone. The Land (Spouse Protection) Act lets a spouse register an entry against a “homestead” at the land title office. The conditions are specific. The land must be registered in the name of the other spouse and have a dwelling the two of you occupy as your residence, or occupied within the year before the application. For this Act a spouse is a married partner, or a partner in a marriage-like relationship lasting two continuous years or more. The applicant must live in British Columbia and be 19 or older, and must file the prescribed application and affidavit. Once the entry is made, a sale, mortgage or other disposition by the owner without your written consent is void. The Act stops applying once the spouses have separated and resolved ownership or division of the home by an agreement or order under the Family Law Act, and the Supreme Court can dispense with consent in limited cases. The entry protects title only. It gives no right to stay in the home and does not help a tenant.
Living in the home after separation. The right to stay is a different order. The Supreme Court can give one spouse exclusive occupation of the family residence for a set period, and the Act defines that residence to include one owned or leased by either spouse. The order does not create an ownership interest and cannot outlast the owner’s or tenant’s own rights, so a renter’s position still depends on the tenancy agreement and whose names are on it. Where safety is the issue, a protection order from either court can restrict the other person’s access.
Dividing an owned home. From separation each spouse has a half interest in family property, whoever holds title, unless an agreement, an order or an exclusion changes that. Assets owned before the relationship, inheritances and gifts from third parties stay out, but any increase in their value while the relationship lasted goes into the pool; whoever asserts an exclusion has to prove it. An agreement can change the split, and so can the Supreme Court if an equal one would be significantly unfair. Our property division lawyers deal with these claims, and whether family property is always divided equally explains unequal splits.
Divorce and Supreme Court cases
A Supreme Court family case starts with a notice of family claim, which can be filed at the Supreme Court registry in the Law Courts building. Living in New Westminster does not by itself fix that registry; we found no rule in the Supreme Court Family Rules linking an address to one, and Vancouver and Port Coquitlam also take family filings. The place of trial is whatever the notice of family claim states, subject to the court’s power to change it or move the file. Which registry to use is a practical choice to make with your lawyer.
The Divorce Act gives a BC court jurisdiction if either spouse was habitually resident in the province for the full year before the proceeding began. The Act does not define the term. It turns on the facts of where a person’s life is centred, so someone who has recently moved, works abroad or holds temporary immigration status should get advice before filing. Breakdown of the marriage is the only ground, established by twelve months apart or by proof of adultery or cruelty, and the judge must be satisfied with the support arrangements for any children. Unless an appeal intervenes, the divorce is effective 31 days after judgment.
Couples who have agreed on everything except the divorce can bring a joint family law case, which both spouses sign, so no one is served. An agreed or undefended divorce can be granted on affidavit evidence without a court appearance. Our guides to filing for divorce in BC and uncontested divorce cover the paperwork, and our divorce lawyers act in agreed and contested cases.
In a contested case, most applications cannot be served until the parties have attended a judicial case conference, though there are exceptions, including an application to restrain the disposition of property at issue. Each party exchanges a sworn financial statement with income documents, including three years of tax returns and notices of assessment. Our article on settling without full disclosure explains why that paperwork matters.
Custody, in the words BC law uses
The Family Law Act does not use “custody”. It speaks of guardians, who hold parental responsibilities such as decisions about schooling, health care and where a child lives, of parenting time, and of contact for people who are not guardians, a grandparent for example. The Divorce Act speaks of decision-making responsibility and parenting time. Whatever the label, every agreement or order turns on the best interests of the child only; our article on the best interests of the child goes through the factors, and co-parenting responsibilities covers parenting plans.
The amount of child support is fixed by the Federal Child Support Guidelines, which work from the number of children and the paying parent’s income; see child support. A planned move with a child can trigger formal notice rules: 60 days’ written notice under the Family Law Act when parenting is already governed by an agreement or court order and the move would significantly affect the child’s relationships, or a prescribed notice under the Divorce Act where parenting is under a divorce order. Which set applies, and how to answer a notice within the 30 days allowed, is a question for a lawyer.
Agreements before and after separation
A marriage or cohabitation agreement settles in advance what happens to property and support if a couple separates; a separation agreement records the settlement afterwards. Both can be challenged. The Supreme Court can set aside a witnessed property agreement for reasons such as hidden assets or debts, improper advantage or significant unfairness. An agreement signed after complete disclosure, with each spouse independently advised, is far more durable. See prenuptial agreements in BC, premarital and cohabitation agreements and challenging a BC marriage agreement.
Who you will work with
Our family law practice is led by Judith A. Janzen, principal lawyer, called to the bar in 2000, who joined forces with Candace Cho, KC in 2012. Depending on your case, your lawyer may be:
- Associate counsel: Rupinder Shoker (called 2011), who has appeared at every level from the Provincial Court to the Court of Appeal; Susan Kim (called 2000), family and estate litigation in English and Korean; Rasjovan Dale (called 2018), who joined our family practice in July 2026 and speaks Punjabi; and Katya Richardson (called 2018), who also takes limited-scope, unbundled retainers.
- Associate lawyers: Mason Heller and Shivleen Sidhu, both called in 2019 and members of the New Westminster Bar Association, with Shivleen also working in Punjabi; and Louisa Ledesma (called 2024), family law and estate litigation, in English, Tagalog and conversational Mandarin.
Every lawyer’s profile is on our team page.
Visiting our New Westminster office
Suite 100, 26 Fourth Street is about a minute’s walk from Columbia Station on the Expo Line. For a will or estate matter, see our estate lawyers in New Westminster.
Common questions
Do I have to apply for a legal separation in BC?
No. There is no separation order or filing. You are separated once one of you ends the relationship and acts on it, even under one roof. An agreement or a court order then deals with the consequences.
We agree on everything. Can we file for divorce together?
Yes. The Supreme Court Family Rules allow a joint family law case when every other claim is agreed. You still have to meet the Divorce Act requirements, such as a year living separate and apart.
Do we have to go to the Family Justice Centre before court?
For most Provincial Court applications about parenting, support or contact at New Westminster, yes, though some steps can be waived and urgent applications such as protection orders are exempt. The steps do not apply to a Supreme Court case.
Can I stop my spouse selling the condo while we separate?
If the title is in your spouse’s name alone and you meet the conditions of the Land (Spouse Protection) Act, an entry on title makes a sale without your written consent void. The Supreme Court can also restrain the disposition of family property once a property claim is made. Get advice quickly.
What does a first meeting cost?
Ask about consultation fees when you call (604) 900-2538 or contact us online. Family law files at Onyx are billed hourly.
