How can I make an application to the BC Provincial Court for my family matter during the COVID-19 Coronavirus?

Students, families, teachers and staff should plan for a full return to the classroom in September 2021. Online learning programs and homeschooling will remain available for students.

Based on guidance from the Provincial Health Officer, students will not be organized into learning groups when classes start in September, but will continue to be required to stay home when feeling sick, wash their hands and complete daily health checks.

The provincial K to 12 Education Steering Committee, made up of educators, parents, support workers, school leaders, trustees, First Nations, Métis Nation and public health experts, will continue to work with the Ministry and the BC Centre for Disease Control (BCCDC) to finalize health and safety guidelines for September 2021.

Updated health and safety guidelines will be posted in August and will address masks, gatherings, extracurricular activities and sports.

• Review B.C.'s K-12 Education Recovery Plan (PDF)
• Review British Columbia Centre for Disease Control (BCCDC) School Outlook for September (PDF)

See COVID-19 Safe Schools for additional information.

If your family trial was adjourned and hasn’t been rebooked, you must either rebook the trial dates or schedule a Judicial Management Conference (JMC) to be heard by phone.

See Family Law BC for instructions on how to rebook a trial or schedule a JMC to be heard by phone.

If you’re scheduled for court

All court proceedings, except trials, are currently being held virtually, by telephone or by video conference through the online platform MS Teams. Even though you may be attending court virtually, you're still expected to follow courtroom etiquette. This means that during your court proceeding, you're expected to dress appropriately (if you are attending by video), and you're not allowed to smoke or vape, or to eat or to drink any liquids other than water. 

If you're calling into court through telephone conference or MS Teams, make sure to mute yourself while waiting for your court matter to be dealt with.

The Provincial Court website has a guide to video and telephone conferences. The court links for calling in to attend court are the same as for regular list days. If you're unsure of the call-in information, you can contact the court registry in advance of your court date to ask for it. See the Provincial Court website to find contact information for each court registry.

Child protection trials

At this time, all child protection trials are taking place in person at the designated courthouse (unless you're told differently by the court). Arrive early at the courthouse on your trial day. All people entering the courthouse will be screened for Covid-19 symptoms, so there may be a line up. Once you're in the courthouse, a sheriff will tell you where to wait for your trial. Limited numbers of people are allowed in court rooms, so follow the sheriff's directions and wait in the approved areas.

If your child has been removed and you have a date for a court hearing

If your child has been removed, your matter will be scheduled to appear in court within 7 days of the removal. This first court appearance, called a presentation hearing, will go ahead at the scheduled time and day (or on the court list day) by phone or by MS Teams. Call-in information for each list day is the same for each courthouse. If you have the call-in information and your matter is going to proceed on another day, the call-in information will be the same (unless court staff tell you otherwise).  

If you aren’t sure what type of court appearance you have

Contact your social worker or your lawyer to check for any upcoming court dates. It’s important to not miss your court hearing. If you don’t have access to a telephone, talk to your social worker or lawyer to find a solution. In some courthouses, court rooms are open to people to attend in person; although it's recommended that you call in or attend by MS Teams.

If you need help with your case

No matter which stage you’re at in the child protection process, you can get help. If there's a Parents Legal Centre in your community, call them to get help by phone. These centres have free lawyers and advocates to help parents deal with a social worker's concerns about their children's safety. Or call the Legal Aid BC Call Centre for where to find legal aid services in your community.

If you still have questions, contact aboriginal@lss.bc.ca.

First Nation youth won't age out of care during the COVID-19 crisis. The federal government announced it will cover the costs for First Nations child and family services agencies to continue to support youth who are in the on-reserve system. To inquire further, visit the Aborigial Legal Aid in BC questions page. 

NEW provincial COVID-19 supports have been EXTENDED until March 31st, 2022. This means youth who are currently living in foster care, contracted residential agencies or with relatives through an out-of-care arrangement, such as through the extended family program, will be able to stay in their placements, and youth on Independent Living Agreements and Youth Agreements will continue to receive financial support. Click here to read the full announcement.

Social workers are modifying agreements to allow youth and caregivers to extend their current living arrangements once a youth reaches 19 years old so you can age out safely and stay where you are. Connect with your social worker or local MCFD/DAA office to ensure your supports remain in place.

The Ministry of Children and Family Development (MCFD) is still providing in-person visits during the pandemic. The length and frequency of your visits will depend on several factors, including whether your visits need to be professionally supervised, supervised by a family member, or can occur in the community or your family home.

In many communities, there are fewer spots available for professionally supervised visits because of increased cleaning protocols and decreased capacity due to safety protocols. MCFD continues to follow public health policies and restrictions to decrease everyone’s potential exposure to COVID-19.

Public health restrictions are still changing and may vary between communities. Your social worker will assess how visits will continue to occur safely. It's important that you talk to your social worker or lawyer to determine how you'll see your children and to advocate for more access. 

To inquire further, visit the Aboriginal Legal Aid in BC questions page or the ministry's COVID-19 page on the provincial government website.

The Provincial Court will now accept unsworn or unconfirmed affidavits as part of your family application. Be very careful that your affidavit is true and accurate as you would with a sworn affidavit, as the judge will likely ask you to swear the contents of the affidavit are true if you get a hearing.  A judge or justice may later require sworn evidence and will adjourn the matter to another date for an in-person hearing. See the Provincial Court’s Announcement and the Notice to the Profession and Public for more details.

You can still apply for a protection order. See Protection Orders During COVID-19 for additional support. The procedure is a little different because of COVID-19. Learn more about Peace Bonds and Family Law Protection Orders.

If you or your children are in immediate danger, call 911.

How to apply

Provincial Court: Provincial Court family court filings, including protection orders,can be made by email, mail or fax. The Provincial Court is returning to the pre-COVID process for bringing matters before the court.

Family Law BC also provides a wonderful step-by-step guide for applying for a protection order.

Supreme Court: In-person registry services have resumed at all Supreme Court registries in British Columbia. While in-person filing is available, parties are strongly encouraged to use e-filing, or one of the other methods. See Notice No. 34 (Civil and Family) for more details. See Notice No. 24 for how to e-file through Court Services Online. 

Both the Provincial and Supreme Court returned to their pre-COVID process for hearing urgent matters. The COVID-19 Urgent Application forms have been discontinued. All new applications can be submitted to the courts.

See the BC Family Justice’s COVID -19 Legal Questions and BC Family Law’s Q & A - Family Violence for more information and direction.

BC family duty counsel is providing service over the phone. To find contact information in your area see HERE.

For more information, see: 

• Q & A - Family Violence – Legal Aid BC
• COVID -19 Legal Questions - BC Government Family Justice website
• Protection Orders – Provincial Court eNews article explaining who can apply, and in what circumstances.

You can request childcare for children under 12 years old. Go  HERE for more information and to apply.

Families who receive the Canada Child Benefit (CCB) will receive an extra $300 per child. There is no need to reapply if you are already receiving the benefit. This will be delivered at the same time you would normally receive the CCB. For a full list of Federal benefits go to the Federal Economic Response Plan.

BC Families eligible to receive MCFD Children and Youth with Special Needs (CYSN) Family Support Services prior to March 30, 2020 were eligible to request emergency relief funding. A final round of the short-term Emergency Relief Support fund for CYSN was available from July 1 - September 30, 2020 and has now expired. Until March 31, 2022, families who receive Direct Funding/At Home Program basic respite can continue to use their respite funding in a flexible manner. Families do not need to provide a record of respite expense forms for agreements expiring before March 31, 2022.

This is a challenging issue. BC Family Law states that if you and your child are required to self-isolate, the courts are likely to agree that the child should stay with you until your period of self-isolation is over. Otherwise, you must follow the court order. BC Family Law has provided updated guidance for when children should not go to their other parent.

It is best if you and your co-parent work out an agreement during this time. There are free mediation and coaching services through Legal Aid BC. Legal aid and duty counsel are currently available by phone only. 

For more information, and for help with your family law matter, go to the Parenting Q & A on the BC Family Law website or see Family Justice Services COVID-19 Legal Questions. Hannah DeJong, a family lawyer with Boughton Law, created COVID-19 Family Law Resources (BC), which includes general information and resources.The federal government has also provided Parenting during COVID-19 resources. 

This video discusses parenting time issues during COVID-19: COVID-19 and Family.