COVID-19 legal questions

You must comply with an agreement or court order that gives parenting time or contact with a child to another person.

• The terms of an agreement or order are not automatically changed or paused because of the COVID-19 situation
• Continue to follow existing parenting arrangements, cooperating to make changes needed to follow all COVID-19 guidance issued by B.C.’s public health officer
• Each family will have its own unique issues and complications

Do not use COVID-19 as an excuse to change the current parenting schedule unless there is a good reason to believe your child’s safety is at risk.

• Parents may have to temporarily adjust parenting time schedules, including giving up time with a child if the child or parent:
  • Must self-isolate
  • Is sick
  • Has been exposed to someone who is sick
• Parenting arrangement adjustments could include using Skype or other communications tool to allow parenting time to occur
• Adjustments may also include an agreement for additional future time with a child to make up for missed parenting time or contact
• If an agreement requires exchanges to occur in a public place that is closed or with the assistance of a person that can no longer help because of COVID-19, transportation methods or exchange locations may need to be adjusted

Be reasonable and flexible in finding alternative temporary parenting arrangements. This is a stressful time, so it is important to keep conflict away from children and act in their best interest.

Agreements and court orders about child and spousal support continue to apply.

• The terms of an agreement or order are not automatically changed or paused because of the COVID-19 situation
• If someone stops or reduces support payments, the amount owing will accrue as arrears until the agreement or the court order is changed

If the agreement or court order is enrolled with the province’s BC Family Maintenance Agency (BCFMA) , contact the Enforcement Officer assigned to your file to discuss whether alternative payment options can be arranged.

• If you are not able to pay your full amount of support, make whatever payment you can and contact BCFMA to discuss your options

If you have an existing child or spousal support agreement or order and need to change it due to COVID-19, meeting with a Family Justice Counsellor or Child Support Officer is a good place to start. They are BC government employees who provide free services.

They can provide information about your options. They can also provide consensual dispute resolution (CDR). CDR can help you and the other party agree about updating support. If you can agree, it can be formalized in a written agreement or consent order. If you and the other party can’t agree, you can get help with applying to court to ask a judge to decide.

To set up a meeting with a family justice counsellor or a child support officer, call 1-844-747-3963.

You can also call Service BC toll free at 1-800-663-7867 between 7:30 am and 5:00 pm, Monday to Friday. ask the operator to transfer you to the Family Justice Centre or Justice Access Centre nearest you.

You can apply for a consent order or file a written agreement in either Provincial Court or Supreme Court.

Contact Family Justice Services Division at 1-844-747-3963 for help filing in Provincial Court or see Legal Aid BC’s Family Law in BC website for information about filing consent orders.

When communicating about parenting arrangements or support payments, you should follow any agreements or court orders that limit or describe how communication between the parents should take place.

Conduct orders and protection orders continue to be in effect.

If you need a protection order on an urgent basis, you can apply to either:

• The Provincial Court
• The Supreme Court

For information about applying for a protection order, see Keeping Your Family Safe.

For support with urgent protection order applications:

• Visit the Legal Aid BC website
• Contact the Legal Aid BC call centre:
  • Phone: 604-408-2172 (Vancouver and surrounding area) 
  • Phone, toll-free in B.C.: 1-866-577-2525

Neither parent can decide on their own to change the terms of an agreement or court order about parenting time or support.

• If you cannot reach an agreement to change a term even with the help of Family Justice Services Division (FJSD), a court order may be required

Currently B.C. courts are addressing all matters through a combination of remote and in person services. See the following websites for current information about how services are being delivered: 

• Court operations and information
• Court of Appeal for British Columbia
• Supreme Court of British Columbia
• Provincial Court of British Columbia

The Supreme Court and the Provincial Court can both hear applications for a protection order.

For information about applying for a protection order see Keeping Your Family Safe.

For support with urgent protection order applications, visit the Legal Aid BC website or phone the Legal Aid BC call centre at 604-408-2172 or 1-866-577-2525.

If you have an urgent need for a Provincial Court order, there are ways of getting your application into court more quickly.

Some proceedings in Provincial Court of BC have different options for how you can attend the court appearance.  

For information about how to get a court order about an urgent family matter, see the Provincial Court’s eNews article or listen to the podcast (available on the Provincial Court of British Columbia's Podcasts page). 

All Provincial Court registries are accepting all filings either in person or remotely through the Online Forms Service, and by email, letter mail, and fax. 

For information on your options for attending your court appearance, see Family Matters Practice Directions on the Provincial Court of British Columbia website.

If you need help, it is strongly encouraged to obtain legal advice.

For current information on the manner of attendance at Supreme Court of BC hearings and how other services are operating, see Supreme Court of British Columbia