Family Law Appeals in BC

A family law appeal in BC is not a second trial

Losing in family court is hard, and the first instinct is often "I want to appeal." Sometimes that is right. But an appeal is not a do-over: it is a review of the decision for error, run on tight deadlines, in a specific court that depends on where the order was made. The two urgent questions: where does your appeal go, and how many days are left?

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Family law is the only kind of law we practise, and we serve clients in English and Punjabi. This page maps the appeal routes for BC family law orders and the deadlines that come with them. For the underlying process, see our divorce services and our complete divorce guide.

Which court hears a family law appeal in BC?

The route depends on which court made the order you want to challenge.

Provincial Court orders go to the BC Supreme Court

A party may appeal an order of the Provincial Court made under the Family Law Act to the Supreme Court, except an interim order (s. 233(1)). The time limit is 40 days, beginning on the day after the order is made (s. 233(2)). The Supreme Court can extend that time limit on application (s. 233(4)).

On the appeal itself, the Supreme Court may confirm or set aside the order, make any order the Provincial Court could have made, or direct the Provincial Court to conduct a new hearing (s. 233(3)).

Supreme Court orders go to the Court of Appeal

An appeal from an order of the BC Supreme Court, including family orders, goes to the Court of Appeal for British Columbia under the Court of Appeal Act, SBC 2021, c. 6 (s. 13(1)). Two wrinkles matter in family files:

• Some orders need permission first. An appeal may not be brought from a "limited appeal order" unless a justice grants leave to appeal (s. 13(2)). The Court of Appeal Rules prescribe which orders those are, and the list includes orders made under a range of Supreme Court Family Rules, so many procedural and interim family orders need leave.
• The clock is short. Under the Court of Appeal Rules, a notice of appeal must generally be filed and served not more than 30 days after the order is pronounced (Rule 6(2)).

Orders under the Divorce Act have their own appeal clock

The Divorce Act provides that an appeal lies from any judgment or order made under it, whether final or interim (s. 21(1)), but no appeal may be brought more than 30 days after the day the order was made (s. 21(3)). The appeal court can extend that time on special grounds (s. 21(4)). One door closes permanently: no appeal lies from a judgment granting a divorce on or after the day the divorce takes effect (s. 21(2)).

Does the order stop while the appeal runs?

Generally, no. If a Family Law Act order is appealed, the order remains in effect until the appeal is determined, unless the court that made it orders otherwise (s. 234). In the Court of Appeal, a justice may order a stay of all or part of the proceedings, including execution, once an appeal or leave application is brought (Court of Appeal Act, s. 33), but until a stay is granted you should assume the order still applies. Parenting time still runs. Support is still owed. Ignoring an order because an appeal is planned is a serious mistake.

What can an appeal court actually change?

An appeal reviews the decision for error; it does not rehear the case. Appeal courts generally do not substitute their own view of the evidence, and they give real weight to the trial judge's findings of fact. New evidence is not usually part of an appeal. That is why the strongest appeals are built on identifiable errors, in the law applied or in how the case was decided, rather than on disappointment with the result.

Some outcomes that feel wrong were still open to the judge to reach, and an appeal of that kind faces a steep climb. Part of our job is telling you honestly which side of that line your case sits on.

Is an appeal the right move?

Not always. Depending on the situation, there may be better tools:

• Reconsideration. In limited circumstances, a judge can be asked to reconsider a decision before the order is finalized. Our post on reconsideration of a family law judgment in BC explains when that door is open.
• Variation. Parenting and support orders can be changed through the family law process when circumstances change. If the problem is that life has moved on since the order, variation may fit better than appeal.
• Settlement. Even after judgment, parties can agree on different terms. Litigating on appeal is not the only exit.

What you cannot do is wait. With 30-day and 40-day windows, the decision to appeal has to be made quickly, with the reasons for judgment in hand and a lawyer's assessment of the grounds.

Frequently asked questions

How long do I have to appeal a family court order in BC?

It depends on the order. A Provincial Court order under the Family Law Act must be appealed to the Supreme Court within 40 days, beginning the day after the order is made (s. 233(2)). A Supreme Court order generally requires a notice of appeal in the Court of Appeal within 30 days after the order is pronounced. An order under the Divorce Act cannot be appealed more than 30 days after it was made (s. 21(3)). Extensions are possible but never assumed.

Can I appeal an interim order?

An interim order of the Provincial Court made under the Family Law Act cannot be appealed (s. 233(1)). In the Court of Appeal, many interim and procedural orders are limited appeal orders, which means you need leave from a justice before the appeal can proceed.

Do I have to keep following the order during the appeal?

Yes, unless a court says otherwise. A Family Law Act order under appeal remains in effect until the appeal is decided unless the court that made it orders otherwise (s. 234), and in the Court of Appeal a stay must be applied for and granted before the order stops operating.

Will the appeal court hear new evidence?

Appeals are argued on the record of what happened below, and new evidence is not usually admitted. The appeal is about whether the decision contains error, not about running the trial again with better material.

Talk to a lawyer about a family law appeal for free

Appeal deadlines are unforgiving, so call promptly. The first 30 minutes are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey. Call (778) 381-9977 or book a free consultation through our website.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.