How to Get Guardianship of a Grandchild in BC: Step-by-Step Process

The Section 51 Application: What You're Actually Filing

Under Section 51 of BC's Family Law Act, any person — grandparent, aunt, uncle, adult sibling, or family friend — can apply for a court order appointing them as a child's guardian. No preliminary "leave" or permission stage exists. If you have a sufficient interest in the child's well-being, you have standing to file.

The application goes to either BC Provincial Court (no filing fees) or BC Supreme Court (filing fees apply). Most grandparents choose Provincial Court because the filing is free and the process is slightly more accessible for self-represented applicants.

Step 1: Check Your Registry Type

Before filing anything, find out whether your local court registry is an Early Resolution Registry (ERR) or a standard Family Justice Registry. ERR locations include Victoria, Surrey, and Vancouver — the list is expanding.

If you're in an ERR, complete these requirements before filing your main application:

1. File a Notice to Resolve a Family Law Matter (Form 1)
2. Complete a Needs Assessment with a Family Justice Counsellor
3. Complete the Parenting After Separation (PAS) course online, unless exempt under Form 20
4. Attend at least one Consensual Dispute Resolution session unless a Family Justice Counsellor determines it is inappropriate

If a Family Justice Counsellor determines that CDR is inappropriate, you do not need to attend that session. A PAS exemption is handled separately through Form 20.

In non-ERR registries, you may file Form 3 before completing the Needs Assessment and PAS course, but must complete them before the Family Management Conference.

Step 2: Order Your Background Checks Immediately

This is where most applications stall. Three mandatory background checks must be attached as exhibits to your guardianship affidavit, and all three must be dated within 60 days of filing:

• Police Criminal Record Check: visit your local RCMP detachment or municipal police service. Fees typically range from $25 to $75 depending on the detachment. If a date-of-birth match triggers a Vulnerable Sector Screen, fingerprinting may be required.
• MCFD Child Protection Record Check: complete the Consent for Child Protection Record Check form and submit it to the Ministry. This check can take several weeks to process.
• Protection Order Registry (POR) Check: confirms whether you're subject to any active protection orders, restraining orders, or peace bonds.

Order all three at the same time, as early as possible. The MCFD check takes the longest, and everything else needs to be ready by the time it comes back.

If any other adult (aged 19+) lives in your home, their background screening information must also be disclosed in the affidavit.

Step 3: Prepare Your Court Forms

Provincial Court requires:

• Form 3 — Application About a Family Law Matter (with Schedule 7 for guardianship)
• Form 5 — Guardianship Affidavit (attach all three background checks as exhibits)

Supreme Court requires:

• Form F3 — Notice of Family Claim (to start a new Supreme Court family proceeding; if a related file already exists, use that file)
• Form F101 — Guardianship Affidavit

Form 5 asks for your relationship history with the child, the child's current living arrangements, your proposed plan for the child's care, and details about other adults in your household. This is where the court gets the evidence it needs to assess the child's best interests.

You can prepare Provincial Court forms using the free Family Law Act Online Forms Assistant with a Basic BCeID account.

Step 4: Swear the Affidavit

Form 5 must be sworn or affirmed before a Commissioner for Taking Affidavits, a notary public, or a court registry clerk. Expect to pay $20–$50 per document.

Timing is critical: the affidavit must be sworn no more than 7 days before filing. Swear it only after your background checks arrive and when you are ready to file, because the checks must still be within their 60-day window on the filing date.

Step 5: File and Serve

For a Provincial Court application, file your forms at the registry, then serve all required parties under Section 52 — including parents or guardians, any adult with whom the child lives who exercises care, and a relevant Indigenous governing body where required — at least seven clear days before the scheduled hearing. Personal service is required for initiating documents. For Supreme Court chambers applications, Rule 8-1 requires you to serve the application materials first, then set the hearing date and file the complete application record.

If a parent remains unlocatable after documented search efforts, apply for substituted service; ask for dispensation of notice only in extreme circumstances. Support the request with an affidavit describing your search.

If the child is 12 or older, the Family Law Act requires the child's written assent to your appointment, unless a judge determines the order is in the child's best interests regardless.

Step 6: Attend the Hearing

Your first appearance is typically a Family Management Conference, where the judge reviews your paperwork, checks background check compliance, and gives directions. If the application is uncontested and the documentation is in order, the judge may grant the order at this stage. Contested matters proceed through settlement conferences and, if necessary, a formal hearing.

Step 7: Get Your Order Working

After the judge signs the order, get certified copies from the registry. You'll need these for schools, healthcare providers, the Canada Revenue Agency, passport offices, and any other institution that needs proof of your legal authority.

The BC Guardianship Court Process Guide provides detailed worksheets for every step above — including a background check synchronization tracker, a service and notice log, and a post-order administrative checklist.

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