There is a new Provincial Family Court Mandatory Early Resolution Process. Jesse Emmond explains the rules you need to know.
For separated individuals navigating family law matters in British Columbia, understanding the evolving landscape of the Provincial Court system is crucial. The Vancouver (Robson Square) court registry officially transitioned into a mandatory Early Resolution Registry on November 1, 2025. Effective May 1, 2026, all Provincial Court registries in the Vancouver Coastal, Vancouver Fraser, Vancouver Island, and Interior regions have been designated Early Resolution Registries.
Does this new Early Resolution Process apply to me?
Will it be able to fully resolve my post-separation concerns and in a fair way? Is it expensive and do I need a lawyer? These are all important questions when a new access to justice initiative is made available to the public.
What is the Early Resolution Process? Tel: 604 602 9000
The Early Resolution Process is a free service that applies to issues under the BC Family Law Act, such as parenting arrangements, contact with a child, child support, guardianship of a child, spousal support and companion animals. Legislation specific to Registries who have become specialized to handle this process is captured under Part 2 of the Provincial Court Family Rules, sections 9 through 22, and has been in development since May 2021.
Vancouver Provincial Family Court Mandatory Early Resolution Process Tel: 604 602 9000
The primary goal of the Early Resolution Process is to encourage parties to resolve their family disputes by agreement or help them obtain fair and timely decisions. A multi-step assessment process is followed that must be completed before a party may file an Application About a Family Law Matter and/or appear before a provincial court judge for many family law issues.
The Early Resolution Process does not apply to matters such as granting a divorce, general property division (with the exception of property division concerning a companion animal), adoption, child protection, adult guardianship, or interjurisdictional support orders. It is not a process applicable to urgent matters, such as seeking a protection order, an order for exclusive possession of the family home, or an order to preserve personal or business assets from being dissipated. If you are facing any of these issues, contact MacLean Law and our top high net worth family lawyers will get involved right away to protect you.
Your New Timeline: Mandatory Steps Before Court
The Provincial Court Family Rules, which incorporate the Early Resolution process, mandate several steps that must be completed before an Application About a Family Law Matter can be filed or a reply submitted. If you are able to participate in this process, this means a significant portion of your family law journey will now occur outside the traditional courtroom setting, focusing on early intervention and resolution.
The mandatory steps in the Early Resolution Process include the following:
- Contact and Notice to Resolve – The first formal step is to contact a Family Justice Centre, or Justice Access Centre, or call 1-844-747-6963 to get information and schedule a needs assessment appointment. Once ready, you must file a form called the Notice to Resolve a Family Law Matter at the Provincial Court Early Resolution Registry. A copy of this form must be provided to the other party, which can be done informally via email or text, without the need for formal service. This “Notice to Resolve” is the only form unique to an Early Resolution Registry.
- Individual Needs Assessment– Both parties are required to participate in an individual needs assessment with a Family Justice Counsellor at the Family Justice Centre or Justice Access Centre. During this assessment, you will discuss your situation, the issues to be resolved, and potential supports for your family. Consensual dispute resolution such as mediation, will be discussed with you and may or may not be appropriate for your given circumstances. You will also receive referrals to get early legal advice.
If there are issues of power imbalances, safety or family violence, the Family Justice Counsellor will consider whether consensual dispute resolution, such as mediation, may be adapted to your circumstances, or if it is otherwise not appropriate. The other party whom you served will also be invited to complete their own intake assessment for the Early Resolution Process.
- Parenting Education Course– Unless you have completed it within the last two years or qualify for an exemption, you must complete the Parenting After Separation Program. This program is free and available online, and provides information and strategies for parents and others who have a responsibility to make decisions for children and youth.
- Consensual Dispute Resolution – If the Family Justice Counsellor determines it is appropriate, you must participate in at least one consensual dispute resolution session, along with preparation for that session. This can involve services provided by the Family Justice Centre or Justice Access Centre, hiring a private dispute resolution professional, or engaging in a collaborative law process. The intention is to provide opportunities for full or partial resolution of the issues outside of court.
- Formalizing Agreements (If Successful) – If issues are resolved through these early steps, it is advisable to formalize the agreement. You can choose to file the agreement with the court registry or apply to the court for a consent order.
- Filing an Application About a Family Law Matter (If Unresolved) – You may have been able to resolve some issues, but not all, and narrow the issues between you and your spouse that will require a court to make orders. If issues remain unresolved after completing the mandatory early resolution steps and are within jurisdiction of the Provincial Court, you can then file an Application About a Family Law Matter to proceed with the court process. This application must be formally served on the other party, who can then file a reply.
- The Family Management Conference: Your First Court Appearance – The Family Management Conference is your initial appearance in court. This is a less formal meeting with a judge, designed to clarify the issues and explore options for resolution. At this conference, and should you have the benefit of a lawyer representing you by this stage, the judge may make various orders. These orders may include consent orders, interim (temporary) orders regarding your family law matters, or case management orders to prepare your case for subsequent steps. If matters remain unresolved after this conference, the case may proceed to trial preparation.
Strategic Navigation for Family Clients Tel: 604 602 9000
For family clients, the Early Resolution Process presents both challenges and opportunities. While it adds mandatory steps to the timeline before a judge is involved, it also emphasizes early resolution, which can be strategically advantageous. Engaging proactively with the needs assessment and consensual dispute resolution sessions may lead to more tailored and private agreements, potentially avoiding the public scrutiny and prolonged litigation often associated with court proceedings. Understanding these steps and preparing thoroughly for each stage, particularly the needs assessment and dispute resolution process, can influence the outcome and efficiency of your family law matter. It is important to remember that this process does not accommodate property division beyond companion animals, however, and does not provide a venue for urgent applications for prolific family violence issues.
Given the complexities and the mandatory nature of these new steps, early engagement with experienced legal counsel is more critical than ever. if you have questions about the new Provincial Family Court Mandatory Early Resolution Process contact us early on.
