Richmond or Surrey: the Provincial Court registry for a Delta family
The Provincial Court can make orders on guardianship, parenting time and decision-making, contact, child and spousal support, and protection from family violence. It cannot divide property or grant a divorce. The courthouse directory lists two Provincial Courts near Delta: Richmond, at 7577 Elmbridge Way, and Surrey, at 14340 57 Avenue.
Which one a new case starts in is set by rule 7 of the Provincial Court Family Rules, not by choice. If the parties already have a case, it continues in that registry. If not, a case involving a child starts in the registry closest to where the child lives most of the time; a case with no child issue starts in the registry closest to the home of the person who files first. With the court’s permission, a protection order or priority parenting matter can be started in any registry.
Delta is the kind of place where “closest” is not obvious, and the rule does not say how to measure it. As illustrations only, using free-flow road distances: from the Tsawwassen town centre, Richmond is about 22 km and Surrey about 26 km; from Delta City Hall in Ladner, about 26 km and 29 km; from North Delta near 84 Avenue and 114 Street, Surrey is about 12 km and Richmond about 22 km. A family on the Richmond side by road may still be directed elsewhere by an existing file or by where the children live. Confirm the registry with court staff, or with us, before filing.
Early resolution in either registry
Richmond and Surrey are both early resolution registries under the Provincial Court Family Rules. Before most applications, the person seeking an order files a notice to resolve and gives it to the other party, has a needs assessment with a family justice counsellor, completes a parenting education program and attends at least one consensual dispute resolution session. Protection orders, priority parenting matters, relocation, consent orders, case management and enforcement are exceptions, and the counsellor can waive the program or the session in situations the rules list.
The two registries are served differently. The Surrey Justice Access Centre, on the third floor of the Surrey courthouse, offers services in person or remotely. The Richmond Family Justice Centre, at 215-7577 Elmbridge Way, works virtually and by appointment only and does not take drop-ins; the province’s list of early resolution offices also names the New Westminster Family Justice Centre for the Richmond registry. Ask the registry which centre will contact you. Both are free. Our family mediation lawyers prepare clients for these sessions or act in private mediation.
If you need protection now
Safety does not wait for the registry question. A protection order under Part 9 of the Family Law Act can be sought in the Provincial Court or the Supreme Court, and in the Provincial Court it does not have to wait for the early resolution steps. With the court’s permission it can be filed in any Provincial Court registry, not only the one rule 7 would point to. If you are in immediate danger, call 911 first; then call us, and tell the family justice counsellor at any needs assessment about the risk.
Divorce and property: the Supreme Court in Vancouver or New Westminster
Neither Delta nor Richmond has a Supreme Court registry. The nearest are the Vancouver Law Courts at 800 Smithe Street and the New Westminster Law Courts at 651 Carnarvon Street, each about 33 km by road from Tsawwassen; New Westminster is about 11 km from North Delta. The Supreme Court Family Rules do not tie a home address to a registry. The notice of family claim names a place of trial, which the court can later change.
Uncontested divorce. Where both spouses agree, or the other spouse does not respond within 30 days of service, the divorce can be applied for in writing with affidavits and a draft order, and a judge can decide it without a hearing. A court can grant a divorce if either spouse has been habitually resident in BC for at least one year before the case starts, and the marriage has broken down, shown by a year living separate and apart, or by adultery or cruelty. See uncontested divorce.
Contested divorce. Where the spouses disagree about parenting, support or property, the case goes through a judicial case conference and, if it does not settle, to trial. Under the Supreme Court Family Rules, contested applications generally wait for that conference, with exceptions such as orders to stop a spouse from disposing of property. Our divorce lawyers act in both kinds of case. A divorce order takes effect on the 31st day, later if an appeal is pending and earlier only by court order in special circumstances with both spouses giving up any appeal.
The family home after separation
Separating does not by itself end either spouse’s right to live in the family home, whoever is on title. If living together is no longer possible, the Supreme Court can order that one spouse have exclusive occupation of the family residence for a set period, and can deal with the furniture and other belongings in it (Family Law Act s.90). The order does not change ownership; the home is still divided as family property later. Where one spouse might sell or mortgage the home, or other property, before it is divided, the other can apply under section 91 for an order restraining that. Either step needs a Supreme Court case, so for a Delta family it means Vancouver or New Westminster.
A separated couple can also stay under the same roof while living separate lives. For a divorce, the year of separation can run while both still live in the home, but it helps to be clear and consistent about the separation: separate rooms, finances and routines, and a written note of the date.
Child support in more detail
The basic amount comes from the tables in the Federal Child Support Guidelines, based on the paying parent’s income and the number of children. On top of that, the court can order the parents to share certain special expenses in proportion to their incomes, such as child care needed for work, health costs above insurance, extraordinary school or activity costs and post-secondary education (section 7). Where each parent has at least 40% of parenting time over a year, the court sets the amount by looking at both parents’ table amounts, the extra cost of two homes and each household’s circumstances (section 9). See child support for more.
Property, support and deadlines in brief
From separation, spouses (including couples in a marriage-like relationship for two years) are each entitled to half the family property and responsible for half the family debt, subject to an agreement, excluded property such as what a spouse brought into the relationship or inherited (but not the growth in its value during the relationship), and the court’s power to divide unequally where an equal split would be significantly unfair. See property division and what you are entitled to in a BC divorce.
Spousal support depends first on entitlement, with the Spousal Support Advisory Guidelines used as a guide to amount and duration.
Claims to divide property or for spousal support have a two-year limit under section 198 of the Family Law Act: from the divorce order for married spouses, from separation for unmarried ones. The time is paused while the spouses use family dispute resolution with a qualifying professional, but confirm before relying on the extra time. A separation agreement can settle these issues without going to court.
Our family lawyers
The full list is on our team page. For wills and estates, see our Tsawwassen estate lawyers.
Questions Delta families ask
Is there a family court in Delta?
No. Provincial Court family cases from Delta are heard in Richmond or Surrey, and Supreme Court cases in Vancouver or New Westminster.
Do I file in Richmond or Surrey?
The rule points to the registry closest to where the children mainly live, or, without a child issue, to the filer’s home, unless a case already exists. In parts of Delta the answer is close, so check with the registry before filing.
Can I get an uncontested divorce without going to court?
It can be decided on paper, without a hearing, if both spouses agree or the other spouse does not respond. One spouse must have been habitually resident in BC for a year.
Can I stay in the house after we separate?
If you cannot agree, the Supreme Court can order that one spouse have exclusive occupation of the family home for a period, without changing who owns it. Until then, both spouses generally keep the right to live there.
How is child support calculated when we share parenting time?
If each parent has at least 40% of parenting time over a year, the court looks at both parents’ table amounts, the extra cost of two homes and each family’s circumstances, rather than applying one table amount.
