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TOPIC: Respondent refusing to accept Notice of proceeding

Respondent refusing to accept Notice of proceeding 5 years 2 months ago #48650

Hi,

I was hoping somebody may be able to give me some help or advice.

I have applied for a C100 Contact Order and received a Notice of Proceedings.

My relationship wih the Respondent is very difficult, she says that she has not received a copy. I originally made four copies gave these all to the court and understand One of these copies will be stamped and returned to me, one will be retained by the Court, one will be sent to CAFCASS and of course one will be sent to the Respondent.

So she denies receiving one through the post, though i believe she is lying.

To ensure that she had a copy, i made an additional copy of the C100 and Notice of Proceedings, but she refused to accept these and threw them back at me.

My question is, do i need to do anything else?.
Would the judge or courts expect me to do anything else?
Should i send another copy recorded delivery?
I am representing myself and very unsure of the process. I am trying to read up and become an expert but failing miserably!.

I did not receive a C7, should i of?

Sorry for the wall of text, and really do hope somebody can help. I will continue searching the internet for information and guides.

Kind regards

WB

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Respondent refusing to accept Notice of proceeding 5 years 2 months ago #48651

  • DaveR
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How about sending the papers by registered post or having them served on her.

I cant remember what the are calle dbut I served papers on my former by using a chap who was a private investigator and "court paper server??"

If she signs for the registered delivery then she cannot say she hasnt had them.

Regards,

Dave

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Respondent refusing to accept Notice of proceeding 5 years 2 months ago #48652

sounds like you're doing ok so far with representing yourself mate once you get a bit further down the line you will gain more confidence and using sites like this will make things a whole lot easier.

DaveR is right just send a copy of the c100 to her via recorded delivery but be prepared for her to go mental once the balls rolling I wouldn't worry to much what the judge or magistrates expect as they haven't a clue about anything anyway but they do give you a bit of grace as you're self repping and if anything does get said just plead ignorance haha.

Good luck

Slim :)

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I'm no way trained in Family court matters so don't take my ramblings as gospel but I've been through the Court mill and learned so much along the way I just like passing my experience on to other Dads who face this absolute nightmare from hell, you might not be able to beat the system but don't let it beat you :)

Respondent refusing to accept Notice of proceeding 5 years 2 months ago #48653

Thank You DaveR and Slim. I thought that may have to be the way, recorded delivery, but fear she will refuse to sign for anything but if she does i will try the "court paper server" person. Any idea how much they charge? I did find one firm that did that but had no prices, useful!, but will look elsewhere.

Once again thank you.

WB

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Respondent refusing to accept Notice of proceeding 5 years 2 months ago #48655

Try not to get too bogged down about serving her the papers just concentrate on building a good case for yourself send the forms by recorded delivery as she will not know they are court papers keep the receipt of postage and leave it at that the form you return to say you have served the papers can be returned with that receipt.

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I'm no way trained in Family court matters so don't take my ramblings as gospel but I've been through the Court mill and learned so much along the way I just like passing my experience on to other Dads who face this absolute nightmare from hell, you might not be able to beat the system but don't let it beat you :)

Respondent refusing to accept Notice of proceeding 5 years 2 months ago #48658

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Does she have a solicitor? If she does you can serve them upon the solicitor in person. As soon as the papers are in hand then they have been served.

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Respondent refusing to accept Notice of proceeding 5 years 2 months ago #48663

  • Mojo
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Hi there

It is usually the applicants responsibility to serve the papers on the other party and this can be done by recorded signed for delivery. You will need to keep the proof of posting and as it is tracked there will be proof of signing on the tracking account online. Sometimes depending on the court, they will serve the papers on the respondent directly.

If the court expect you to serve on your ex you would have received

C100 x 2 .... One copy for your records and one to serve on the other party and if you filled in a C1A supplementary form you would receive a copy of the one you filled in for your records and a blank copy to serve on the other party.

C6 x 2....This is the notice of proceedings with information about the date and time of the hearing and you keep one and serve the other copy.

C7 x 1....This is for the respondent to fill in and return to the court to acknowledge they have received the papers. You would set e this to the other party.

C9 x 1... This is the statement of service which you fill in after you have served the papers on the other party and then return it to the court. You would enter the method of service and this is your evidence that it had been done.

It appears though that as you have only received the notice of proceedings, the court may have carried out the service to the respondent party, otherwise you would have received the documents I have listed above.

You should also have received a copy of your C100 application so I would advise you to call the court and ask them if they have sent it out to you, its important that you have a copy for your records.You can also discuss the fact that the respondent is stating that she hasn't received any court papers and take advice from them concerning re serving the papers.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Last Edit: by Mojo.

Respondent refusing to accept Notice of proceeding 5 years 2 months ago #48666

Thank you all for taking the time to answer me, i'm so glad that there are you people out there that know the process.
and it makes me feel a lot more hopeful that there is somewhere to turn to if i get all a bit stuck with this.


I think i'm going to go with, sending recorded delivery and contacting the court just to check i've received all ive meant to and other copies have been sent out. And look to the other alternatives if she ends up never receiving the recorded delivery, i know she will be wary of signing anything as she seems adamant that she is going to hinder me at every opportunity, so may have to be inventive with the packaging!

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Respondent refusing to accept Notice of proceeding 5 years 2 months ago #48669

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Put it in like a shoe box and send it, that way she wont think that it's court papers and will think it's just a normal parcel so will sign for it.

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Respondent refusing to accept Notice of proceeding 5 years 2 months ago #48670

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...I would advise that you speak to the court help desk before sending another copy to her, you would need to include the C7 acknowledgement which you don't have, so the papers being served are incomplete.

We have lots of members that are self representing in court and we can advise and support you through the process. It might be useful for you to attend a Families Need Fathers meeting in your area. If your username indicates that you are based on the Wirral there is a good group based in Birkenhead, run by a very knowledgeable guy called Emlyn Jones. Here a link to the website where you will find details of the meetings and information on date, time and venue.

www.fnf.org.uk/help-and-support/local-branch-meetings

At the meeting you will meet other parents in a similar situation to yourself and will receive legal advice and support in a friendly environment.

Good luck

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Respondent refusing to accept Notice of proceeding 5 years 2 months ago #48744

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I agree with Mojo, but if you do send papers, definitely use special delivery - if she refuses to sign for it, the post office will tell you so, and you can produce that in court.

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Respondent refusing to accept Notice of proceeding 1 month 1 week ago #100929

I understand the c7 needs to be filled out by my ex and a copy of it should be sent to court and one copy to me within 14 days. This is the wording on the c7 form.

It's now coming up to 14 days since my ex partner received the c7 At her dad's place. But she hasn't sent me a copy. She's not on talking terms and the family are unhelpful.

I have suspicions that she's probably going to argue she didn't receive it.

What do I do? I called the court to ask if they've received the c7 but the admin staff didn't have a clue what that was and he told me to contact front office, and they've not been answering the phone!

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