Emergency Family Law Hearings During COVID-19 in BC

Emergency family law hearings are the principal matters the BC Courts will hear during COVID-19. Many people are confused about what constitutes an “emergency hearing” regarding family law. This article will:

• Explain what emergency family law hearings are; and
• How to apply for them at the BC Supreme Court and the Provincial Court.

Please note in late April, the Supreme Court announced that it will now hear non-emergency hearings, which were initially scheduled and later got cancelled due to COVID19. This means if you set down an application in March/April and got cancelled, you can now apply to have your matter heard. You can only have 1 issue heard at a time. 

What Are Emergency Family Law Hearings at the BC Supreme Court during COVID-19?

The following issues are what the Supreme Court will hear on an emergency basis:

1. Issues relating to the safety of a child or parent due to a risk of violence or immediate harm, such as a  protection order, conduct orders, or exclusive possession of the home;
2. Issues relating to the risk of removal of a child from the jurisdiction such as child abduction, relocation, non-removal of a child, wrongful removal or retention of a child;
3. Issues relating to a child’s well-being such as essential medical decisions, urgent issues relating to parenting time, contact, or communication with a child that cannot reasonably be delayed.

What are Urgent Family Law Hearings at the BC Provincial Court during COVID-19?

1. Urgent relief relating to the safety of a child or parent, such as a  protection order, conduct orders, or exclusive possession of the home;
2. Requests to obtain or set aside protection orders or urgent orders involving parenting time, contact with a child or communication between parties;
3. Urgent issues that must be determined relating to the well-being of a child, including essential medical decisions or issues relating to relocation, child abduction, relocation, non-removal of a child, wrongful removal or retention of a child;
4. Applications to suspend, change or cancel any order for imprisonment or committal pursuant to the Family Maintenance Enforcement Act, such as non-payment of child support or spousal support;
5. In a child protection case, all urgent matters, including applications for supervision orders and for extension of time, and any other urgent motions or hearings; and
6. Urgent cases where irreparable harm will occur if the application is not heard.

If you believe your matter is urgent and falls into any of the above categories or is urgent for another reason than the ones listed above, you may apply for an urgent hearing. You will have to send a request for an urgent hearing to the appropriate Court/Registry, which will then decide if your matter is urgent.

How to Apply for an Urgent Hearing at the BC Supreme Court

To apply for an emergency hearing at the Supreme Court, follow the below steps:

1. Complete a Request for an Urgent Hearing form on the BC Courts website. In the form, you will need to include why you are requesting an urgent hearing.
2. Once you submit your form, you will receive an email from the Supreme Court asking you for a draft application and draft affidavit(s) that you intend on relying on. It is essential that you try having this done before requesting the urgent hearing so you can send your documents to the registry (via email) right away. At this stage, your documents do not need to be filed. Your Notice of Application shall identify the orders you are seeking, and the Affidavit will set out the key facts in support of your application and will describe the urgency.
3. Once the registry receives your documents, they will send the package to a Judge who will decide whether your matter shall proceed on an urgent basis. The Judge will review the materials and determine whether a hearing is required. This will be confirmed via email.
4. If the request for a hearing is approved, you will receive a confirmation of the day and time the hearing will take place. You will also receive instructions on how to file materials.
5. The hearings generally take place over the telephone. However, it can also take place in person or over video. In-person or video are the exception.
6. On the day of your hearing, you will receive a phone call from the registry and will make your submissions over the phone. The other party will have a chance to respond, and the Judge will decide on whether your orders are to be made.

Note: You may also do the process via paper by picking up the appropriate form at a Supreme Court Registry. You will then need to submit your documents, which include your Request for Urgent Hearing Form, Notice of Application and draft Affidavit, by submitting them in the drop box located at the nearest court registry, by mailing it to the registry or by faxing it to the nearest court registry.

How to Apply for an Urgent Hearing at the Provincial Court?

To apply for an emergency family law hearing at the Provincial Court during COVID-19, follow the below steps:

1. A request for an urgent hearing in the Provincial Court is made by completing an Application for Urgent Hearing Form. You can find the form at the following link: (Link no longer available)
2. Once you have completed the form, you will need to send it to the registry where you currently have an active file or the registry of your choice. You may also send an Affidavit in support of your application that will set out the key facts in support of your application and describe the urgency. The Affidavit is not mandatory for your hearing in Provincial Court, and the Judge may make the decision based on your Urgent Hearing Form only.
3. The form and any additional materials will be sent to a Judge to be reviewed. If the Judge approves the urgent hearing, you will be contacted by scheduling to confirm a date and time and to provide scheduling with your phone number where you can be reached.
4. You will be contacted for the hearing that will take place over the phone at the scheduled date and time. The Judge will then decide whether any orders should be made.

If you need help with your hearing or have further questions, do not hesitate to call us at 604-974-9529 or get in touch.