Early resolution registries have recently expanded in BC, resulting in a number of mandatory steps that parties must complete before filing an application about a family law matter in Provincial Court.

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As previously discussed in my article that was released in our August newsletter, generally, the steps that parties must complete are as follows:

1. filing a notice to resolve a family law matter
2. providing a copy of the notice to resolve to the other party or parties
3. participating in a needs assessment
4. completing a parenting education program
5. participating in at least one consensual dispute resolution session

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Once a party has filed a notice to resolve a family matter and provided a copy of the notice to the other party, details with respect to next steps are as follows:

Needs Assessment

Pursuant to the BC Provincial Court Family Rules, each party must participate in the needs assessment, which consists of the following:

• assistance with identifying legal and non-legal needs
• information about resolving issues
• either a referral to or an exemption from a parenting education program
• referrals to other resources
• determining whether consensual dispute resolution is not appropriate
• assessment of any risk of family violence
• referrals to other resources for individuals or families experiencing or concerned about family violence

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Parenting Education Program

Each party must complete a parenting education program unless a needs assessor determines a party is exempt. Exemptions include:

• completion of the parenting education program in the 2 years before the date of the needs assessment
• spousal support related issues only
• the inability to complete the program due to a serious medical condition

For a comprehensive list of exemptions, please refer to the BC Provincial Court Family Rules.

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Consensual Dispute Resolution

The BC Provincial Court Family Rules mandates the completion of at least one consensual dispute resolution session unless a needs assessor determines the parties cannot access consensual dispute resolution or the needs assessor determines participation is not appropriate.

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Given the comprehensive process listed above, our Family Law Department would be pleased to arrange a consultation to discuss your specific circumstances and help guide you through the early resolution process.

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