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Can ex wife start family court proceedings without notifying father

 
Karna81
(@karna81)
Active Member Registered

Basically, can me ex make an application to the family court and simply not inform me. The hearing date will be set and I wont know about it since she wont serve it on me and judge will make decision assuming I'm a no show.

 

My ex doesnt know my address. If she is making an application and asks I'll tell her. However, I would not put it past her to make an application regardless and simply lie and tell judge she did tell me and I'm a no show.

 

Do they investigate if fathers details are not included or if they dont hear from him? 

Quote
Topic starter Posted : 28/04/2021 6:55 am
warwickshire1
(@warwickshire1)
Honorable Member Registered

Maybe you should attempt mediation and then if that fails make your own application

ReplyQuote
Posted : 28/04/2021 7:25 am
Karna81
(@karna81)
Active Member Registered

@warwickshire1

 

I dont wish to go to court. Just wondering if my ex can make an application, not tell me and proceedings carry on without me based on the assumption I'm not interested.  

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Topic starter Posted : 28/04/2021 7:28 am
Karna81
(@karna81)
Active Member Registered

Just to clarify my ex wants to give our son a double barrelled surname. The surname she wants means he would have a 24 character surname.

 

I refused and she said she will take it to court.

 

My question is can she make an application, not tell me and stil get a decision in her favour without me being there. 

 

Do courts investigate if the other party is not present at first hearing or do they just carry on anyway. 

ReplyQuote
Topic starter Posted : 28/04/2021 7:30 am
warwickshire1
(@warwickshire1)
Honorable Member Registered

No , she cant do anything without your consent. She probably wont be able to get a double barrellled surname if your child already has yours. Nothing would be decided at 1st hearing either and courts would need to locate you plus she would of needed to have attempted mediation to resolve.

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Posted : 28/04/2021 7:34 am
Champagne
(@champagne)
Estimable Member

Both parties have to attend mediation before the application can be made on a C100 form.  There are exemptions if there is domestic abuse but she has to provide evidence.  Mediation is free if one of the parties qualifies for legal aid.  She can give your phone number and email if she doesn't know your address so the court can contact you that way.    She has to give your date of birth too so the court will be able to locate you by other records. You can download the C100 so you can see what information she needs to give.

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Posted : 28/04/2021 9:46 am
Danb
 Danb
(@danb)
Active Member Registered

As far as I'm aware any application to the court would need to also be served on (given to) you. It would defeat the whole object if people could sneak through court orders without the other side knowing about it. My guess is if you haven't had anything from the court / her solicitor she is probably winding you up and hasn't filed anything at court yet. I'm not a lawyer so you should get legal advice from one for a definite answer. Hope it turns out OK for you.

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Posted : 06/05/2021 6:46 am
Yoda
 Yoda
(@yoda)
Famed Member

A court would not hold proceedings of this nature and make decisions without you present. 

If there are issues around contact as well as the surname, attempting mediation with her could be a good idea to try and resolve things. 

 

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Posted : 09/05/2021 12:42 pm
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