How do i serve the non-molestation order to the Respondent ( Process steps)

[John99]

Background:

1. The applicant submitted Non-molestation & Occupation Orders Application (FL401 ) based on emergency. This is a without notice ex-prate Application.

1. No solicitors/barristers involved. The applicant represented his own case

1. The court granted non molestation order against the Respondent ( Ex-wife). The applicant received the orders from the court via email.
2. Please not i can't afford process server fee so that's the reason I want use substitution service ( email, post etc...)

Questions:
1) How do I serve the court orders to the Respondent?

2) Do I server the court orders via email( Sending the orders to the Respondent email)

3) Do I have to send all documents to the Respondent ( I mean Applicant FL401 Application, Witness Statement, Exhibits & Court Orders)
OR

Should I send only court orders to the Respondent?

4) Should I send the court orders to the Respondent using Royal Mail ?

Thank you.

[jaguarsuk]

1. You will need to use the County Court bailiffs or a process server. That you cannot afford the latter will not be sufficient reason by the court to have not done it, they will reject your application if you do not serve via either of these methods and a certificate of service is not filed by which of them serves.

2.No, they must be handed them and the server will then file a certificate of service with the court stating such.

3. Yes, serve them with all documents.

4. No, see point 1.

[John99]

1. You will need to use the County Court bailiffs or a process server. That you cannot afford the latter will not be sufficient reason by the court to have not done it, they will reject your application if you do not serve via either of these methods and a certificate of service is not filed by which of them serves.

2.No, they must be handed them and the server will then file a certificate of service with the court stating such.

3. Yes, serve them with all documents.

4. No, see point 1.

Dear JAGUARSUK

• Thank you for your response.
  
  
  
  I sent D89 signed document to the court today
  1. As an applicant I can't serve or email the " Court Documents to the Respondent".
  1. That's why I filled the D89 Form ( The court to serve the documents fo by filling in form D89) and using court bailiff service I requested the honourable court to serve/email the " COURT DOCUMENTS TO THE RESPONDENT" email/ home address.
     1. Questions:
        1) How long will take to serve the court documents to the respondent?
     
     2) How do I get the confirmation from the court /clerk, whether the documents are served or not?
     
     
     
     kind regards

[jaguarsuk]

1. They should serve them fairly promptly.

2. You may not, the bailiffs should file a certificate of service and should send you a copy, but they may just file with the court. If you haven't had anything 48 hours prior to the hearing I would contact the court to check if a certificate of service has been filed.

[John99]

1. They should serve them fairly promptly.

2. You may not, the bailiffs should file a certificate of service and should send you a copy, but they may just file with the court. If you haven't had anything 48 hours prior to the hearing I would contact the court to check if a certificate of service has been filed.

Thank you for your reply.

• I just came to know the respondent no longer living at current address and she moved to different address, but I don’t know where she is living in the UK.

• I went through the NOM order again and section number 11 saying

NMO Order Section 11
11. The above non-molestation order shall be effective against the respondent XXXXXXXX once she is made aware of the terms of this order whether by personal service or otherwise.

• The court clerk advised me in his email, saying the applicant can serve/email the docs to the respondent email
  • is this correct?

I’m confident the bailiff service fail to deliver the documents to the Respondent as the respondent no longer living at current address( Address mentioned in the FL401


I referred family court procedure rules(see attached link) section 6.7, 6.8, 6.9 stating :

https://www.justice.gov.uk/courts/pr...rt_06#IDAEBMIC

1. According Section 6.8 Service of application by the court, the court officer can serve/email the documents to the respondent. But court clerk asked me to send those documents to the respondent.

1. According Section 6.7A ( Email Service) also saying, The court /Applicant can email “court documents” to the respondent email.

If I’m correct item 1 & 2 , Why can’t the applicant can serve those docs to the respondent email. Could someone kindly answer above questions listed in point number 1 & 2 please.



Kind regards

[John99]

Could someone kindly answer below questions please.

The Respondent is no longer living in the current address mentioned in FL401 and her address is unknown ,

Questions
2) Will the court accept process server "statement of service" if the Process server team serve the court documents to the respondent email address?

3) Will the court accept process server "statement of service" if the Process server team serve the court documents to the Respondent's whatsApp?

@JAGUARSUK

[jaguarsuk]

The last time I had to go through this process only service in person was allow, I would suggest you need to seek professional advice regards your questions.

[atticus]

Q2. and Q3. Yes to each, if the court makes an order permitting service by that means.