Guide · Urgent

You've been served. What now?

Being served with family law papers in BC starts a clock. Here's what to do in the first week — and what not to do.

Being handed a Notice of Family Claim or an Application About a Family Law Matter is disorienting even when you saw it coming. In BC, the moments after service are not the time to make a decision — they are the time to preserve your options.

1. Read the documents carefully

Identify the court (Provincial Court of BC or the Supreme Court of BC), the file number, the claims being made against you, and — critically — the response deadline. In the Supreme Court, you have 30 days from personal service in Canada or the U.S. to file a Response.

2. Do not respond emotionally to the other party

Text messages, emails and social media posts sent in the days after service are the most common evidence introduced against a party in a BC family file. If a Protection Order has been served, cease all contact and get legal advice immediately.

3. Preserve financial records

Download bank statements, credit card statements, tax returns, T4s, RRSP and pension statements, and property records for the past three years. Financial disclosure will be required either way — having it organized is a significant advantage.

4. Do not make big financial moves

Do not sell assets, empty accounts, refinance property, or make large withdrawals. Courts view unilateral moves during separation harshly, and there are automatic restrictions on dealing with family property once a claim is filed.

5. Speak with a family lawyer this week

A short call in the first week can protect the next year of the file. Dana Rogers offers a free 30-minute consultation for anyone recently served with family papers in BC.

Common questions

Frequently asked.

How long do I have to respond to a Notice of Family Claim in BC?
In the BC Supreme Court, you generally have 30 days after being served (60 days if served outside Canada and the U.S.) to file a Response to Family Claim. Missing the deadline can result in orders being made without your input.
Do I have to respond even if I agree with everything?
Yes. Filing a Response is what protects your right to be heard on any issue — including parenting, support, or property — as the file moves forward.
What if I've been served with a Protection Order?
A Protection Order under Part 9 of the Family Law Act is serious and enforceable by police. Do not contact the protected party. Get legal advice immediately.
Can I still negotiate after being served?
Absolutely. Being served does not close the door on settlement — many contested files are ultimately resolved by agreement. It does start court deadlines, which is why legal advice in the first week matters.

Ready to talk?

Book a $300 30-minute strategy session with Dana Rogers. Fee is credited toward your retainer if we take on your matter.