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Background:
- The applicant submitted Non-molestation & Occupation Orders Application (FL401 ) based on emergency. This is a without notice ex-prate Application.
- No solicitors/barristers involved. The applicant represented his own case
- 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.
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.
@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?
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.
@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
- 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:
- 1) As per above guidelines the applicant can email "Court granted orders" to the Respondent - am i correct?
- (OR)
I have to email FL401 Application, Witness statement and Court orders to The Respondent?
Kind regards
- The court will serve the docs to the Respondent if i use "Process Server" OR Bailiffs. I can't afford the these services
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.
HelloIts 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.
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
@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
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.
@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.
- Hello @champagne /@bill337
Thank you for your response.
I sent D89 signed document to the court.
- As an applicant I can't serve or email the " Court Documents to the Respondent".
- 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.
- 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
- Questions:
@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.
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