People still search for “custody” and “access”, but neither BC’s Family Law Act nor the federal Divorce Act uses those words any more. Under the provincial Act, the questions are who is a guardian, how parental responsibilities (decisions about schooling, health care, religion and the like) are shared, and how parenting time is divided; people who are not guardians, grandparents for example, can be given contact. The Divorce Act speaks of decision-making responsibility, parenting time and contact. Under both, the only test is the best interests of the child, and the court must consider listed factors, including the child’s views where they can be ascertained, the history of care, and any family violence. There is no presumption that time will be split equally. Our pages on co-parenting responsibilities and the best interests test go into the factors.
Parenting, guardianship, contact and child support can all be decided by the Richmond Provincial Court. So can spousal support and protection orders. What it cannot do, under section 193 of the Family Law Act, is divide family property or debt (a pet aside), divide a pension or manage a child’s property; those belong to the Supreme Court.
Child support: how the amount is set
Child support in BC follows the Federal Child Support Guidelines. The table amount depends on the paying parent’s income and the number of children, and section 7 adds a share of special or extraordinary expenses (child care, health costs not covered by insurance, some school and post-secondary costs, and extracurricular activities that qualify), divided in proportion to the parents’ incomes. Where each parent has the children at least 40% of the time, the Guidelines use a different calculation. The disputes are about income: self-employment, cash, or company earnings can all require a closer look, and a court can impute income that a parent could reasonably earn. Support can continue after 19 for a child who cannot become independent, for example because of illness or disability. See our pages on child support, how child support is calculated and when child support ends.
Starting a case at the Richmond courthouse
Under Rule 7 of the Provincial Court Family Rules, a case goes to the registry of any existing case between the same parties; otherwise, where a child is involved, to the registry nearest the child’s usual home, and if not, to the one nearest the first filer’s home. Where the children live mainly in Richmond and nothing is already on file, that points to Richmond, but a child who lives mainly in Vancouver, Burnaby or Delta may point elsewhere, and the rule does not define how distance is measured. If in doubt, ask the registry.
Richmond is an early resolution registry. Before most applications, the person seeking an order files a notice to resolve (Form 1) and gives it to the other party, then completes a needs assessment with a family justice counsellor, a parenting education program and at least one consensual dispute resolution session; the other party does the same three before filing a reply. Applications only for a protection order, a priority parenting matter, relocation, a consent order, case management or enforcement are exempt, and protection orders and priority parenting matters can be sought before the steps are finished. Counsellors may waive the program or the mediation in situations the rules list, and a party who has completed the steps can go ahead without the other’s cooperation.
There is one local wrinkle to check. The Richmond Family Justice Centre’s own page (updated May 1, 2026) says it provides the early resolution services for the Richmond registry, from 215-7577 Elmbridge Way, virtually and by appointment only. The Province’s list of early resolution registries (updated May 7, 2026) names the New Westminster Family Justice Centre as the office for Richmond. When you book the needs assessment, ask which centre is handling Richmond files at that time; both services are free.
At the Provincial Court, an interpreter is provided for a family hearing if you need one; arrangements are made through the registry. Interpretation for meetings with a lawyer, and translation of sworn documents, are arranged separately.
The Supreme Court track: divorce and property
No Supreme Court registry operates in Richmond. Smithe Street in Vancouver is roughly 16 km away by road, and New Westminster’s Law Courts are also available. Our reading of the Supreme Court Family Rules turned up no provision tying a Richmond address to one registry, so the spouses can weigh convenience; if the trial location written into the claim later proves wrong, a judge can move it.
Most contested Supreme Court applications must wait for a judicial case conference, with exceptions that include orders restraining a spouse from disposing of property at issue, consent orders and applications made without notice. Each party serves a sworn financial statement with income documents early in the case.
Property starts from equal shares. From separation each spouse is entitled to half of the family property and is responsible for half of the family debt, unless an agreement or order says otherwise. Property owned before the relationship, inheritances and third-party gifts can be excluded, although growth during the relationship is shared, and the court may divide unequally where an equal split would be significantly unfair. Family property is valued at its fair market value when the agreement is made or the hearing takes place. Unmarried couples who lived together in a marriage-like relationship for two years are covered. See property division and dividing family property on separation.
For the divorce itself, BC courts need a spouse who has lived habitually in the province for twelve months before filing, and proof that the marriage has broken down: separation for a year, adultery or cruelty. Thirty-one days after judgment the divorce is final, unless an appeal is outstanding; an earlier effective date needs a judge’s order based on special circumstances and both spouses’ undertaking not to appeal. Our guide on filing for divorce in BC walks through the forms, and our divorce practice page describes the work we do.
Spousal support and time limits
Spousal support depends first on entitlement, which can arise from the roles the spouses took during the relationship, need, or an agreement; the Spousal Support Advisory Guidelines then give ranges for amount and duration. See spousal support.
The Family Law Act gives a two-year window (section 198(2)) to start a claim for property, a pension or spousal support. Married couples count it from the divorce or a nullity order; unmarried couples count from the day they separated. Time does not run while the couple work with a qualifying family dispute resolution professional or in a prescribed process (section 198(5)), but the other side can later argue that a given process did not qualify, so keep the dates. Claims for child support are not caught by this two-year rule.
Relocation has its own rules. A guardian whose child is under a written parenting or contact agreement or order must tell the others two months ahead, in writing, under sections 65 to 71 of the provincial Act; the federal Act imposes a similar 60-day notice, in a prescribed form, for a child of the marriage. Objections are due within 30 days under both, but the exceptions differ, so get advice on which applies.
None of this has to be decided by a judge. A separation agreement can cover children, support and property, and couples can plan ahead with a marriage or cohabitation agreement.
Before your first meeting
A first meeting about a Richmond separation goes further if you bring what you can of the following. None of it is required to book.
- Any existing court order, agreement or notice, including anything already filed at the Elmbridge Way registry or a Form 1 notice you have received.
- The children’s current routine: who has them on which days, school and child care arrangements, and any special expenses.
- Your last three years of income tax returns and notices of assessment, and the other parent’s if you have them.
- A list of property and debts in either name (home, accounts, pensions, vehicles, loans), with approximate values and the date of separation.
- Notes of any safety concerns, so they can be raised at the needs assessment and with us.
Our family lawyers
The family group is led by principal lawyer Judith A. Janzen, who joined forces with Candace Cho, KC in 2012. Alongside her on Richmond matters: associate counsel Rupinder Shoker, Susan Kim (Korean), Rasjovan Dale (Punjabi) and Katya Richardson; and associate lawyers Shivleen Sidhu (Punjabi), Louisa Ledesma (Tagalog, conversational Mandarin) and Mason Heller. Tell us at booking if you would prefer to work in a language other than English. The whole firm is on our team page.
Common questions
Can I get custody and child support orders in Richmond?
Yes. The Richmond Provincial Court can make orders on guardianship, parenting time and child support, after the early resolution steps unless an exception applies. It cannot divide property or grant a divorce.
Which Family Justice Centre handles Richmond cases?
The Richmond centre’s page says it does, virtually and by appointment; the Province’s registry list names the New Westminster centre. Ask when you book your needs assessment.
Where do I file for divorce if I live in Richmond?
In the Supreme Court, which has no registry in Richmond. Richmond spouses can look at Smithe Street in Vancouver or the New Westminster Law Courts.
How do you charge?
By the hour. We quote the cost of a first meeting when you phone (604) 900-2538 or write through the contact page.
