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How to serve Court ...
 
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How to serve Court Orders ( Non Molestation ) to the Respondent process steps

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(@john99)
Active Member Registered

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.

 

 

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.

  •  

 

Quote
Topic starter Posted : 08/03/2023 10:45 am
(@dadmod2)
Illustrious Member

hi,

no you do not send court orders to your ex. The court handles it. they send documents to you and to your ex. if your ex has a solicitor, court would send papers to them.

ReplyQuote
Posted : 08/03/2023 11:02 am
(@dadmod3)
Honorable Member

If you put your ex's email/phone number on the FL401 then the court will email or text the order to your ex. If not, the the order will be served by the court bailiffs.  The order should say how it will be served.  There will be a return hearing when your ex has the right to contest the order.

ReplyQuote
Posted : 08/03/2023 11:32 am
(@john99)
Active Member Registered

@bill337 

Thank you for your reply !!

Like said, I have represented the my own and Court sent doc's to my email and asked me to share the documents to all the parties involved in the case.

1) As per https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_06#IDAUG1HC   documentation either 
 

  •  The court will serve the docs to the Respondent if i use "Process Server" OR Bailiffs. I can't afford the  these services 

    OR 

    Applicant also can send those documents to the Respondent via email or Post.

    Am i correct?

ReplyQuote
Topic starter Posted : 08/03/2023 1:57 pm
(@john99)
Active Member Registered

@champagne , Thank you for your reply!!

Yes I put the respondent phone number and email in the FL401 Application.

  • If court sends "Court Orders" to the respondent  then Why the court clerk asked me to serve court orders to all the parties.
  • Please note the Respondent does not have Solicitor
    !

    Like said, I have represented the my own and Court sent the doc's to my email and asked me to share the documents to all the parties involved in the case.

    1) As per https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_06#IDAUG1HC   documentation either 
     

    1.  The court will serve the docs to the Respondent if i use "Process Server" OR Bailiffs. I can't afford the  these services 

      OR 

      Applicant also can send those documents to the Respondent via email or Post.

      Am i correct?

      Questions:

    2. 1) As per above guidelines the applicant can email "Court granted orders" to the Respondent - am i correct?
    3. (OR)

      I have to email FL401 Application, Witness statement and Court orders to The Respondent?

      Kind regards

ReplyQuote
Topic starter Posted : 08/03/2023 2:05 pm
(@dadmod3)
Honorable Member

Its not usual for the applicant to serve papers or the order for non molestation cases.  I suggest you email the court and ask them to email all the documents to the respondent.  Bear in mind the order is not active until it is served.

ReplyQuote
Posted : 08/03/2023 4:04 pm
DadMod2 reacted
(@john99)
Active Member Registered

Posted by: @dadmod3

Its not usual for the applicant to serve papers or the order for non molestation cases.  I suggest you email the court and ask them to email all the documents to the respondent.  Bear in mind the order is not active until it is served.

   Hello

I'm really confused ... see attached clerk message from the court.

----------------Court Message from Clerk -----

 

Dear Sirs ,

 

 

Please find attached the ORDER , NOH for the above case.

Please can you kindly be sent to all parties.

 

Thank you

Kind Regards,

-------------------------

 

1) Does the indicates the court clerk , sent the court ORDER (NOH) documents to the Respondent? 

2) If yes Why the clerk was asking me to send the Court ORDER to all parties? Please correct me if my understanding is wrong

 

Could you kindly advise me on above court message please.

kind regards

 

 

ReplyQuote
Topic starter Posted : 08/03/2023 8:05 pm
(@john99)
Active Member Registered

@champagne , Thank you for your reply.

Could you answer below questions please as I' m really confused about the clerk message

----------------Court Message from Clerk -----

 

Dear Sirs ,

 

 

Please find attached the ORDER , NOH for the above case.

Please can you kindly be sent to all parties.

 

Thank you

Kind Regards,

-------------------------  Clerk Message End -----------------

 

1) Does the indicates the court clerk has sent the court ORDER (NOH) documents to the Respondent? 

2) If yes Why the clerk was asking me to send the Court ORDER to all parties? Please correct me if my understanding is wrong

 

Could you kindly advise me on above court message please.

kind regards

 

ReplyQuote
Topic starter Posted : 08/03/2023 8:07 pm
(@dadmod2)
Illustrious Member

hi,

it would not make sense for you to send out the non-mol paperwork to your ex by email or by hand. it's a no contact/restraining order designed to protect you from an abuser. if you listed your ex's phone number, email or home address on your application, then the courts will make contact and send them the non-mol notice. if your in any doubt you can email the clerk/court and ask them if your unsure.

ReplyQuote
Posted : 08/03/2023 9:38 pm
(@john99)
Active Member Registered

@bill337 , Thank you for your reply @bill337.

Just now I sent an email to court clerk and also asked him, whether the court documents sent to the respondent email or not?

Please note I have not submitted D89 . Now I sent D89-Request for personal service form to court clerk.

ReplyQuote
Topic starter Posted : 08/03/2023 10:40 pm
(@john99)
Active Member Registered
  • Hello @champagne /@bill337 

    Thank you for your response.

     

    I sent D89 signed document to the court.

     

    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

ReplyQuote
Topic starter Posted : 09/03/2023 10:54 am
(@dadmod2)
Illustrious Member

@john99 not sure if court will inform you if documents served. you can leave it with them. they should be serving it to other person urgently.

ReplyQuote
Posted : 09/03/2023 10:59 am
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