Appealing a Family Law Order in Provincial Court or Supreme Court in BC

If a judge in either Provincial Court or Supreme Court makes an order that you believe is wrong, you may have the option to challenge it. In BC family law, some decisions can be reviewed by a higher court through an appeal. Appeals are only available in specific situations, usually where the judge or master made a mistake in applying the law or in interpreting the facts. Because strict deadlines apply, it’s important to get legal advice as soon as possible.

One key point: appeals are not an opportunity to introduce new evidence. The appeal court usually relies on the original record and will generally respect the trial judge’s findings about the facts. For that reason, most appeals focus on legal errors rather than factual disputes, and the process can be complex. Speaking with a lawyer before starting an appeal is strongly recommended.

Provincial Court

Interim Provincial Court orders cannot be appealed. Interim orders are temporary rulings made before a trial takes place. If you want to change or challenge an interim order, you must do so at trial, where witnesses can testify and credibility can be assessed directly.

While the Family Law Act only allows appeals of final Provincial Court orders to Supreme Court, it is still possible to challenge an interim Provincial Court decision by applying for judicial review under the Judicial Review Procedure Act.

In a judicial review, the Supreme Court does not replace the Provincial Court judge’s decision with its own. Instead, it examines whether the interim decision was reasonable—meaning it must be logically consistent, grounded in the evidence, and aligned with the governing legislation. Because interim family decisions involve a judge exercising discretion (especially in parenting matters), reviewing courts are very cautious and give a high level of deference. That deference is even greater because the Family Law Act directly prohibits appealing interim Provincial Court orders.

If you are challenging a final Provincial Court order, the proper process is to appeal to the Supreme Court. To do that, you must file a Notice of Appeal within 40 days of the decision. Your Notice of Appeal must include:

• a statement confirming the appeal is being brought under s. 233 of the Family Law Act

• the date of the order

• the name of the judge who made the order

• the grounds for your appeal

How to Appeal a Provincial Court Family Order to BC Supreme Court

1. When You Can Appeal

• Under section 233 of the BC Family Law Act, you can appeal a final order made in Provincial Court.

• Interim (temporary) orders from Provincial Court are not appealable through this route — for those, you would need to use a judicial review.

2. Time Limit (Deadline)

• You must file your appeal within 40 days of the Provincial Court’s order. BC Laws

• If you miss that window, you can apply to extend the time, but you need good reason, and the court has discretion. BC Laws

3. What Documents You Need to File

When starting the appeal, you must prepare and file: Supreme Court BC+2British Columbia Courts+2

1. A Notice of Appeal, using Form F80 (or Form F79 if you need special directions) per Supreme Court Family Rule 18-3. Supreme Court BC+1

2. An Affidavit of Service, proving you've served the appeal on the other party. Supreme Court BC

3. A transcript of the hearing in Provincial Court (including oral testimony and the judge’s reasons) — you are responsible for ordering and paying for this. British Columbia Courts

4. A written outline (sometimes called a “factum” or “argument outline”) that includes:

• the grounds of your appeal (i.e., why you think the order was wrong),

• the order you are asking for, and

• the legal authorities (cases, laws) you rely on.

4. Serving & Filing the Appeal

• After you file your Notice of Appeal at the Supreme Court registry, you must personally serve it on all parties involved in the original Provincial Court case.

• You also need to file a copy of the Notice of Appeal in the Provincial Court registry where the original order was made.

• Within 30 days of filing the Notice of Appeal:

• File your Affidavit of Service.

• File a Notice of Hearing of Appeal (Form F81) and request a hearing date.

• Serve the Notice of Hearing on any parties who filed a Notice of Interest (Form F77).

5. Preparing for the Appeal Hearing

• Within 45 days of filing the Notice of Appeal, you must file the original transcript with the court, serve copies on those who filed a Notice of Interest, and file your written argument / outline.

• Your written outline should clearly lay out:

1. What was decided in Provincial Court,

2. Why you think it's wrong,

3. What you want the Supreme Court to do (set aside, re-hear, or substitute a new order).

6. What the Supreme Court Can Do After Hearing Your Appeal

Once the Supreme Court hears the appeal, it has several options: B

• Confirm the original Provincial Court order (i.e., let it stand),

• Set aside the Provincial Court order (i.e., cancel it),

• Make any order that the Provincial Court could have made, or

• Send the case back to Provincial Court for a new hearing.

7. Important Considerations

• No new evidence: You generally cannot present new evidence at the appeal stage. The court reviews the appeal based on what was presented in Provincial Court.

• Order remains in effect: Filing an appeal does not automatically pause or stop enforcement of the original order. If you want the order stayed, you must apply for that (for example, under s. 234 of the Family Law Act).

• Costs: Be prepared for costs. Ordering transcripts and preparing written arguments often involve fees.

Example Scenario

• Situation: The Provincial Court judge made a final parenting order. You believe the judge applied the wrong legal standard for determining a child’s best interests.

• Action: You decide to appeal that order to the Supreme Court.

• Process:

1. Within 40 days, you file Notice of Appeal (Form F80).

2. You order and pay for the transcript of the hearing.

3. You serve the Notice of Appeal on your ex.

4. You file the required documents (notice of hearing, affidavit of service, written outline).

5. At the appeal hearing, you argue your legal grounds; you ask the Supreme Court either to set aside the order or to send it back for a new hearing.

Appeals can be complicated and time-sensitive, with strict deadlines and complex procedural requirements. At Illuma Law, we guide our clients through every step of the appeal process, from assessing whether an appeal is viable, to preparing and filing the necessary documents, to representing you in court. Our goal is to make the process as clear and manageable as possible, so you can focus on what matters most while we handle the legal details.

If you have questions about your family law matter, please feel free to reach out for a consultation with one of our family lawyers - Contact Us.