In many family law cases, issues can’t wait until trial. You might need temporary relief to bridge the gap or procedural direction to keep your case moving forward. If your family case is in Supreme Court of British Columbia (the “BCSC”), this is where a Notice of Application comes in.
This blog will walk you through
- what a Notice of Application is;
- how a Notice of Application fits into the broader court process; and
- how it can be used strategically – even if you expect to settle before trial.
What is a Notice of Application?
A Notice of Application is a formal court document (known as a “pleading”) filed with the BCSC. It asks the Court to make a specific order during an ongoing family law proceeding.
Most commonly, it is used to request interim orders that provide:
- Temporary relief – for example, parenting time or financial support;
- Procedural guidance – for example, compelling the other party to disclose a financial document; and
- Urgent relief – for example, a protection order.
These applications are usually heard prior to trial, in a court forum called “chambers.”
Court Pleadings
To understand how a Notice of Application fits into your case, it helps to understand the core pleadings in a BCSC family law proceeding:
- Notice of Family Claim – the document that usually starts the proceeding and outlines the filing party’s claims;
- Response to Family Claim – the document that contains the other party’s response to the filing party’s claims;
- Counterclaim – the document that outlines the other party’s claims; and
- Response to Counterclaim – the document that contains the filing party’s response to the other party’s claims
These four pleadings will hereinafter be referred to as the “Originating Pleadings.”
A Notice of Application is usually filed after the Originating Pleadings. However, there are exceptions:
- for select claims (not discussed here), a Notice of Application may be filed without a Notice of Family Claim, and
- for select claims (not discussed here), a Petition may be filed instead of a Notice of Family Claim.
Court Orders
It is also important to understand what a judge can order. Generally, family law orders fall into two main categories:
- Interim orders – for temporary, procedural and urgent relief, often prior to trial, and
- Final orders – for permanent relief, often at trial or by consent (which is the agreement of the parties).
Court Appearances
To understand how a Notice of Application fits in, it’s important to know the two main types of court appearances (excluding conferences) in the BCSC:
- Trial
- What it is: A formal court appearance where a judge makes a final decision.
- Evidence Heard: Usually presented by witnesses through live testimony, but may be presented through affidavits (if permitted).
- Type of Order: Typically results in final order, although interim orders can be made in some cases.
- Length: Usually multiple days.
- Pleadings Used: At trial, the judge will refer to the Originating Pleadings to understand each party’s positions and make a final order on big-picture claims like:
- property division
- child support
- spousal support
- parenting
- Chambers
- What it is: A formal court appearance where a judge typically makes a temporary decision (but may make a final decision for select claims).
- Evidence Heard: Generally presented in the form of affidavits (a written sworn statement).
- Type of Order: Typically results in an interim order, although final orders can be made in some cases (not discussed here).
- Length: Anywhere from a few minutes to several hours, and longer in more complex cases.
- Pleadings Used: In chambers, the judge will refer to the Notice of Application to understand which specific orders are being asked for and make an interim order in response. This can include things like:
- interim financial support
- exclusive occupancy of the family home until division
- interim distribution of family funds to pay for legal expenses
- interim parenting arrangement
- disclosure of financial documents
The Big Picture
When you start a contested family law claim in the BCSC (typically by filing a Notice of Family Claim) it starts a process that ultimately leads to trial, where final orders are made. But trials can take months — often years — to reach. They are also costly.
In the meantime, a Notice of Application can be filed and addressed in chambers – where interim orders can be made (urgent, temporary and procedural relief).
Limits and Benefits
While most issues — like property division — cannot be resolved with a final order in chambers, a Notice of Application can still be a strategic tool. Even in cases that are likely to settle (most family law cases do), parties often use Notices of Application to obtain interim orders that can:
- keep things stable. For example, a spouse who cannot wait years for child support can apply for an interim order that awards child support.
- move the case forward while negotiations continue. For example, a spouse who is not receiving a response from the other party can request documents necessary for settlement.
Example Scenarios
To illustrate the processes and pleadings described above, consider the following examples.
Example #1: Sally and Tim have recently separated. Sally has filed a Notice of Family Claim seeking a final order for child support. She is a stay-at-home mom who regularly cares for the children. Sally and Tim cannot agree on what Tim’s income is, and thus, have not determined what the monthly sum of child support should be. Sally says Tim’s income is $90,000, whereas Tim says it’s $60,000. Sally may need to file a Notice of Application to obtain an interim order that determines Tim’s income and the sum of child support to be paid.
Example #2: Bob and Morgan have recently separated. The Originating Pleadings have been filed seeking final orders for property division. Bob has left the family home to stay with relatives, while Morgan remains living in the family home. Bob knows that Morgan cannot afford to buy him out of the family home and wants to list it for sale. Despite a declining real estate market, Morgan refuses to do so. Bob may need to file a Notice of Application to obtain an interim order for sale of the family home. If Bob is successful, the interim order will not address the division of the sales proceeds, as this must be determined by final order or agreement.
How We Can Help
While a Notice of Application can be a powerful way to deal with urgent or temporary issues before trial, it’s not always straightforward. There are strict rules, deadlines, and evidence requirements that must be followed carefully. Our family law team is here to guide you through each step and ensure your rights are protected. Shanna Kean is a family lawyer at Entrust Law Corporation, practicing in Kelowna, B.C. She helps clients navigate separation, divorce, parenting arrangements, and other family law matters with clarity and compassion.
To book a consultation, visit https://entrustlaw.settify.ca/landing?referral=headermenu
To learn more, visit https://www.entrustlaw.ca/our-team/shanna-kean/
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