British Columbia · Supreme Court

How a BC Supreme Court family case starts.

A family case in the Supreme Court of British Columbia opens with a pleading, not an application. This page maps the sequence — the document that starts it, how it is served, how the other party answers, and the conference that has to happen before most applications can be brought — and ties each step to the rule that sets it.

The short answer

Most Supreme Court family cases start with a notice of family claim in Form F3. The claimant files it, then serves it personally. The respondent has 30 days after being served to file a response to family claim in Form F4, and the same 30 days to file a counterclaim in Form F5 if they want to make claims of their own.

After that, Rule 7-1 (2) generally blocks a party from serving a notice of application or supporting affidavit until a judicial case conference has been conducted. Financial disclosure under Rule 5-1 runs alongside all of it on its own clock.

Form F4 here is not the Provincial Court Form 4.

In the Supreme Court, Form F4 is the Response to Family Claim — a pleading, filed under Rule 4-3 (1). In the Provincial Court, Form 4 (PFA713) is the Financial Statement. Two different courts, two different documents, and the only thing that distinguishes them in writing is the F. Supreme Court family forms carry an F prefix; Provincial Court family forms do not. The Supreme Court financial statement is Form F8. Which financial statement applies to your case →

1Which route starts the case.

The Supreme Court Family Rules set a default and then carve out exceptions to it. The default covers the great majority of family cases — divorce, parenting, child and spousal support, and property under Part 5 of the Family Law Act.

Supreme Court Family Rules, Rule 3-1 (1)

“Except for those special situations referred to in subrules (2.1) to (2.4), (4.1), (4.4), (4.5) and (4.7) of this rule, every family law case must be started by filing a notice of family claim under Rule 4-1.”

The default

Notice of family claim

Rules 3-1 (1), 4-1 (1) — Form F3

The ordinary route. A notice of family claim in Form F3 is a pleading: it names the parties and sets out the relief claimed. Everything on this page follows from it.

The carve-outs

Petition, or a joint case

Rules 2-2, 3-1 (2.1) to (2.4)

A joint family law case is started under Rule 2-2 (Rule 3-1 (2.1))
Rule 3-1 (2.2) requires a petition for an order for adoption; for return of a child under the 1980 Hague Convention on the Civil Aspects of International Child Abduction; and for certain leave orders under sections 16.1 (3), 16.5 (3) and 17 (2) of the Divorce Act
Rule 3-1 (2.3) allows a declaration of parentage to be sought either by notice of family claim or by petition
Rule 3-1 (2.4) sends certain Family Law Act orders — including recognition of extraprovincial orders under ss. 35, 36 and 75, and directions under s. 49 — to a petition or application

Changing an order you already have is a different route.

The rule carries a note that an application to change, suspend or terminate an existing order is brought under Part 10 of the Supreme Court Family Rules, not by a new notice of family claim. This page covers starting a case, not varying an order.

Step two

2The notice of family claim — Form F3.

Supreme Court Family Rules, Rule 4-1 (1)

“To start a family law case other than a family law case referred to in Rule 3-1 (2.1), (2.2), (2.3) (b), (2.4) or (4.1), a person must file a notice of family claim in Form F3.”

The person who files it is the claimant — Rule 1-1 (1) defines a claimant as a person who has filed a notice of family claim under Rule 4-1. The people named to answer it are respondents.

Two things attached to filing

Rule 4-5 (2)The first person to file a document claiming divorce or nullity must file a certificate of the marriage, or of registration of the marriage, with that document — unless the document sets out why it is not being filed and states it will be filed before trial or before an application for divorce, or sets out why filing one is impossible, and the registrar is satisfied with the reasons.
Rule 4-2 (1)An original notice of family claim does not remain in force for more than 12 months. If a named respondent has not been served, the court may order it renewed for up to a further 12 months, on an application made before or after the 12 months expire. Rule 4-2 (2) allows a further renewal of up to 12 months.

Step three

3Serving the notice of family claim.

Filing alone does not put the other party in the case. Service does, and for this document the rules require the strictest method.

Supreme Court Family Rules, Rule 4-1 (2)

“After filing a notice of family claim, the claimant must serve a copy of the filed notice of family claim on each of the persons named as a respondent in the notice of family claim (a) by personal service in accordance with Rule 6-3 (2), or (b) if the court makes an order under Rule 6-4 (1) allowing service by an alternative method, by that alternative method.”

Rule 6-3 (1) (a)A notice of family claim is one of the documents that must be served by personal service, unless the court orders otherwise.
Rule 6-3 (2) (a)Personal service on an individual is effected by having a person who is not a party and who is at least 19 years of age leave the document with the individual being served. Rule 6-3 (2) sets separate methods for corporations, unincorporated associations and the FMEA Director.
Rule 6-4 (1)Where personal service is not workable, the court may order an alternative service method. Rule 6-4 (3) deals with service by advertisement.
Rule 6-5Service outside British Columbia has its own rules, including when leave is required and how service abroad is effected and proved.
Rule 6-6 (1) (a)Service of a notice of family claim is proved either by filing an affidavit of personal service in Form F15, or by the person served filing a response to family claim. Rule 6-6 (2) allows service by a sheriff to be proved by a certificate in Form F18.

The service date is the date everything else counts from.

The 30-day response period in Rule 4-3 (1), the 30-day counterclaim period in Rule 4-4 (2), and the financial disclosure periods in Rule 5-1 (11) all run from service, not from filing.

Step four

4The response — Form F4.

Supreme Court Family Rules, Rule 4-3 (1)

“To respond to a notice of family claim, a person must, within 30 days after being served, (a) file a response to family claim in Form F4, and (b) serve a copy of the filed response to family claim on the claimant and on the other persons named in the notice of family claim as respondents.”

If no response is filed

Supreme Court Family Rules, Rule 4-3 (2)

“A person served with a notice of family claim under Rule 4-1 (2) who does not file a response to family claim in accordance with subrule (1) of this rule is not entitled to receive notice of any part of the family law case including, without limitation, any court appearance, hearing, conference or trial.”

Note what this provision does and does not say. It removes the entitlement to notice. It is not itself a judgment, and this page does not describe what a claimant may then do or what a respondent in that position may apply for — those are matters for independent legal advice.

Step five

5Counterclaim — Form F5, and the response in Form F6.

A response answers the claimant’s claims. It does not make claims of the respondent’s own. Rule 4-4 (1) provides that in addition to filing a response, a respondent may bring claims under the Divorce Act, under the Family Law Act, for a FHRMIRA order, for annulment of marriage, and certain unjust enrichment and trust claims arising out of a marriage-like relationship.

Rule 4-4 (2)The counterclaim is filed in Form F5, within 30 days after being served with the notice of family claim.
Rule 4-4 (3)A counterclaim may name a person other than the claimant as a respondent to the counterclaim.
Rule 4-4 (4) (a)Within 30 days of being served with the notice of family claim, serve the filed counterclaim by ordinary service on all parties.
Rule 4-4 (4) (b)Within 60 days, serve the filed counterclaim and the filed notice of family claim by personal service under Rule 6-3 (2) on any person who is not yet a party but against whom a claim is made in the counterclaim.
Rule 4-4 (5)To respond to a counterclaim, the claimant and any other person named as a respondent to it must, within 30 days after being served, file a response to counterclaim in Form F6 and serve a copy on all parties.
Rule 4-4 (7)A counterclaim may proceed even if the claimant’s claim has been stayed, discontinued or dismissed.

The financial thread

Where the Form F8 financial statement fits.

Financial disclosure is not a stage of the sequence above — it is a parallel obligation under Rule 5-1 that attaches whenever certain relief is in issue, and it runs on its own clock. Rule 5-1 (2) sets which subrules apply to which claim: child support, spousal support, or relief under Part 5 of the Family Law Act.

Rule 5-1 (4)Part 1 of a Form F8, plus applicable income documents, from each party required under the child support guidelines to provide income information.
Rule 5-1 (5)Parts 2 and 3 where the guidelines require the court to consider the financial ability, means, condition, needs or other circumstances of the parties or the child, or where the payor is a stepparent.
Rule 5-1 (6)Part 4 where special or extraordinary expenses are claimed.
Rule 5-1 (7)Parts 1, 2, 3, 5 and 6 from a party claiming undue hardship; Parts 1, 2, 3 and 6 from the other party, unless the court orders otherwise.
Rule 5-1 (9)Parts 1, 2 and 3, with income documents, on a spousal support claim — whether the party is seeking the order or it is being sought against them.
Rule 5-1 (10)Part 3 from each party making, or facing, a claim under Part 5 of the Family Law Act or an application for a FHRMIRA order.

The deadline

Supreme Court Family Rules, Rule 5-1 (11)

A disclosing party must file and serve those documents within 30 days after service of the document in which the claim is made — where the obligation arises from a claim the disclosing party made (para. (a)), or from another party’s claim where the disclosing party resides in Canada or the United States of America (para. (b)). Where the disclosing party resides in another country, the period is 60 days (para. (c)). In each case the court may order a different period.

Rule 5-1 (15) requires the information to be kept current, and Rule 5-1 (18) deals with updated statements. Rule 5-1 (8) provides that parties are deemed to have complied with the child support guidelines document requirements where they have agreed on the payor’s annual income, signed an agreement in Form F9, and filed it with the documents referred to in it.

Form F8 or Form 4 — which financial statement do you need? →
The Form F8 plain-language guide →
Supporting documents for a BC financial statement →
What financial disclosure means →

Step six

6The judicial case conference.

This is the step that most distinguishes Supreme Court family procedure from what people expect. In the ordinary course, a party cannot start bringing applications until a judicial case conference has been held.

Supreme Court Family Rules, Rule 7-1 (2)

“Subject to subrules (3) and (4), unless a judicial case conference has been conducted in a family law case, a party to the family law case must not serve on another party a notice of application or an affidavit in support.”

What can be brought first

Rule 7-1 (3) lists the applications a party may file and serve even though no judicial case conference has been conducted:

7-1 (3) (b)An order under s. 91 of the Family Law Act restraining the disposition of property at issue.
7-1 (3) (b.1)An order under s. 32 or 39 of the Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada), or an equivalent First Nation law.
7-1 (3) (c), (d)An application for a consent order; an application without notice.
7-1 (3) (e), (f), (g)An application to change, suspend or terminate a final order; to set aside or replace all or part of an agreement; or to change or set aside a parenting coordinator’s determination.

Separately, Rule 7-1 (4) allows the court to relieve a party from the subrule (2) requirement — where it is premature, impracticable or unfair, where the application is urgent, where delay might be dangerous to anyone’s health or safety, or where the court considers it appropriate. Rule 7-1 (5) provides that the application for that relief is made by filing a requisition in Form F18.1.

Arranging it, and the Form F8 timing

Rule 7-1 (1)A party may request a judicial case conference at any time, whether or not one has already been held.
Rule 7-1 (7)Request it by filing a notice of judicial case conference in Form F19.
Rule 7-1 (8)The requesting party serves on all parties, at least 30 days before the date set, the filed Form F19 and a copy of the Form F8 financial statement, if any, required under Rule 5-1, with the income documents referred to in section B of Part 1.
Rule 7-1 (9)The court may itself direct that a judicial case conference take place and order a party to file and serve the notice.
Rule 7-1 (10)The serving party must file the original Form F8, with those income documents, at least 7 days before the date set.
Rule 7-1 (11)A party who has been served must, at least 7 days before, serve their Form F8 and income documents on every other party and file the original.

Who attends, and what happens

Rule 7-1 (12)A judicial case conference must be conducted by a judge or associate judge.
Rule 7-1 (13)Unless the court orders otherwise, each party and the party’s lawyer must attend. Rule 7-1 (13.1) provides that an application to exempt a person from attending is made by requisition in Form F19.1.
Rule 7-1 (14)A party excused from attending must be readily available and immediately accessible for consultation during the conference, in person or by telephone.
Rule 7-1 (15)The court may identify the issues in dispute and those not in dispute, explore ways of resolving the disputed issues without a trial, and make orders to which all the parties consent, among other things.

What this page does not do.

It describes what the Supreme Court Family Rules provide. It does not advise what to claim in a notice of family claim, what to admit or deny in a response, whether to bring a counterclaim, what to say or agree to at a judicial case conference, or how to respond to the other party — those are matters for independent legal advice.

Watch out for

Common problems, stated neutrally.

Confusing Form F4 with Form 4 — Supreme Court Form F4 is the Response to Family Claim; Provincial Court Form 4 (PFA713) is the Financial Statement. The Supreme Court financial statement is Form F8.
Assuming the case starts with an application — Rule 3-1 (1) makes the notice of family claim the default starting document, and Rule 7-1 (2) generally blocks serving a notice of application until a judicial case conference has been conducted.
Treating service as informal — Rule 6-3 (1) (a) requires personal service of a notice of family claim, and Rule 6-3 (2) (a) requires it be left with the individual by a non-party at least 19 years old.
Not recording the service date — the 30-day periods in Rules 4-3 (1), 4-4 (2) and 5-1 (11) all run from it, and Rule 6-6 (1) (a) proves it by an affidavit in Form F15.
Letting the notice of family claim go stale — Rule 4-2 (1) provides it does not remain in force more than 12 months if a respondent has not been served.
Filing a response but expecting it to carry your own claims — Rule 4-4 (2) requires a counterclaim in Form F5, within the same 30 days.
Missing the 60-day limb of the counterclaim service rule — Rule 4-4 (4) (b) requires personal service on a person who is not yet a party but against whom the counterclaim makes a claim.
Missing the Form F8 clock — Rule 5-1 (11) runs 30 days from service of the document making the claim (60 if the disclosing party resides outside Canada or the United States), and Rule 7-1 (8), (10) and (11) impose separate 30-day and 7-day steps around the conference.
Forgetting the marriage certificate on a divorce claim — Rule 4-5 (2) requires it with the first document claiming divorce or nullity, unless the document gives reasons the registrar accepts.

FAQ

Questions people actually ask.

How does a family case start in the BC Supreme Court?

Rule 3-1 (1) of the Supreme Court Family Rules provides that, except for the special situations listed in subrules (2.1) to (2.4), (4.1), (4.4), (4.5) and (4.7), every family law case must be started by filing a notice of family claim under Rule 4-1. Rule 4-1 (1) provides that the notice of family claim is in Form F3.

Is Form F4 the same as the Provincial Court Form 4?

No. They are different documents in different courts. In the Supreme Court, Form F4 is the Response to Family Claim, filed under Rule 4-3 (1) of the Supreme Court Family Rules. In the Provincial Court, Form 4 (PFA713) is the Financial Statement under the Provincial Court Family Rules, B.C. Reg. 120/2020. Supreme Court family forms carry an F prefix; Provincial Court family forms do not. The Supreme Court financial statement is Form F8.

How is a notice of family claim served?

Rule 4-1 (2) provides that after filing, the claimant must serve a copy of the filed notice of family claim on each person named as a respondent by personal service in accordance with Rule 6-3 (2), or by an alternative method if the court makes an order under Rule 6-4 (1). Rule 6-3 (2) (a) provides that personal service on an individual is effected by having a person who is not a party and who is at least 19 years of age leave the document with the individual. Under Rule 6-6 (1) (a), service is proved by filing an affidavit of personal service in Form F15, or by the person filing a response to family claim.

How long does the other party have to respond?

Rule 4-3 (1) provides that to respond to a notice of family claim, a person must, within 30 days after being served, file a response to family claim in Form F4 and serve a copy of the filed response on the claimant and on the other persons named as respondents. Under Rule 4-4 (2), a respondent who wishes to bring a counterclaim must file it in Form F5 within 30 days after being served with the notice of family claim.

What happens if no response is filed?

Rule 4-3 (2) provides that a person served with a notice of family claim under Rule 4-1 (2) who does not file a response to family claim in accordance with Rule 4-3 (1) is not entitled to receive notice of any part of the family law case, including, without limitation, any court appearance, hearing, conference or trial.

When must the Form F8 financial statement be filed?

Rule 5-1 (11) provides that a party obliged to file documents under Rule 5-1 (4), (5), (6), (7), (9) or (10) must file and serve them within 30 days after service of the document in which the claim is made where the obligation arises from the party’s own claim, or where it arises from another party’s claim and the disclosing party resides in Canada or the United States. Where the disclosing party resides in another country, the period is 60 days. The court may order a different period. Separately, Rule 7-1 (8), (10) and (11) set the Form F8 timing around a judicial case conference.

Do I need a judicial case conference before I can apply for an order?

Rule 7-1 (2) provides that, subject to subrules (3) and (4), unless a judicial case conference has been conducted in a family law case, a party must not serve on another party a notice of application or an affidavit in support. Rule 7-1 (3) lists applications that may be brought first, including an application for a consent order, an application without notice, an application under section 91 of the Family Law Act restraining disposition of property at issue, and an application to change, suspend or terminate a final order. Rule 7-1 (4) allows the court to relieve a party from the requirement, applied for by requisition in Form F18.1 under Rule 7-1 (5).

How long does a notice of family claim stay in force?

Rule 4-2 (1) provides that an original notice of family claim does not remain in force for more than 12 months, but if a named respondent has not been served, the court may, on the claimant’s application made before or after the expiration of the 12 months, order that it be renewed for a period of not more than 12 months. Rule 4-2 (2) allows a further renewal of up to 12 months.

Official sources

Where this comes from.

Supreme Court Family Rules, B.C. Reg. 169/2009 — Rule 3-1 (form of proceeding), Rules 4-1 to 4-5 (notice of family claim, renewal, response, counterclaim, marriage certificate), Rule 5-1 (financial disclosure), Rules 6-3 to 6-6 (personal service, alternative service, service outside BC, proof of service), Rule 7-1 (judicial case conference) — https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/169_2009_00
Province of British Columbia — Supreme Court family forms (Form F3 notice of family claim, Form F4 response to family claim, Form F5 counterclaim, Form F6 response to counterclaim, Form F8 financial statement, Form F15 affidavit of personal service, Form F19 notice of judicial case conference) — https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms
Family Law Act, S.B.C. 2011, c. 25 — Part 5 (property division), s. 91 (orders restraining disposition) — https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/11025_00
Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) — ss. 16.1 (3), 16.5 (3), 17 (2) (leave applications referred to in Rule 3-1 (2.2)) — https://laws-lois.justice.gc.ca/eng/acts/d-3.4/

This page provides general legal and procedural information for British Columbia. It describes what the Supreme Court Family Rules provide. It does not determine which court or route a case belongs in, what relief to claim, what to admit or deny, what to say or agree to at a judicial case conference, or what position anyone should take — and it is not legal advice. Rules and forms are amended; always confirm the current requirements against the Supreme Court Family Rules before acting. Rule text on this page was checked against B.C. Reg. 169/2009 as last amended January 19, 2026 by B.C. Reg. 152/2025. Last source review: August 2026.

Keep going.

Writing an affidavit · Starting a Provincial Court case · Form F8 or Form 4? · The Form F8 guide · Supporting documents · All guides