The early resolution process is an important consideration for individuals navigating family law matters in Provincial Court. Although the early resolution process is not necessarily new, the number of early resolution registries throughout the province of BC has recently expanded. Currently, all Provincial Court registries in the Fraser Valley, the Lower Mainland, Vancouver Island and the BC Interior are classified as early resolution registries. Therefore, it’s crucial to understand the early resolution process in advance of starting a Provincial Court family law claim.

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The early resolution process provides parties with the opportunity to resolve their family law matter or, at the very least, some of their family law issues, before a formal application about a family law matter is filed with the court. The early resolution process is also free and can be a cost-effective way for parties to resolve their family law issues.

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The BC Provincial Court Family Rules sets out the requirements that must be met before an application about a family law matter can be filed in an early resolution registry, which includes:

• Filing a notice to resolve a family law matter
• Providing a copy of the notice to resolve to the other party or parties
• Participating in a needs assessment
• Completing a parenting education program
• Participating in at least one consensual dispute resolution session

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Although the early resolution process is mandatory at applicable registries, exemptions to the early resolution requirements do exist, particularly in urgent circumstances. For example, if a party is only applying for a protection order or an order about a priority parenting matter, the early resolution requirements do not apply. For a comprehensive list of exemptions, please refer to the BC Provincial Court Family Rules.

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The early resolution process may seem overwhelming, but it is important to remember that the process is in place to provide parties with the chance to avoid the stress and expense of litigation. 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, whether you are simply contemplating separation or are already in the process of doing so.

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