Q&As

Where a party has been sectioned under the Mental Health Act 1983, but still has capacity, can they be served with court orders made under the Family Law Act 1996 and the Children Act 1989, by a process server, while they are in a hospital psychiatric unit?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 23/02/2018

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a party has been sectioned under the Mental Health Act 1983, but still has capacity, can they be served with court orders made under the Family Law Act 1996 and the Children Act 1989, by a process server, while they are in a hospital psychiatric unit?

Where a party has been sectioned under the Mental Health Act 1983, but still has capacity, can they be served with court orders made under the Family Law Act 1996 and the Children Act 1989, by a process server, while they are in a hospital psychiatric unit?

In family proceedings, service of documents is governed generally by Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 6. FPR 2010, SI 2010/2955, 6.4 provides that service may be effected personally, by first class post, or other specified methods. Personal service is ordinarily effected by a process server, who will then swear an affidavit attesting to service.

FPR 2010, SI 2010/2955, 6.11 makes provision for the address of a solicitor to be provided for service. FPR 2010, SI 2010/2955, 6.12 provides that a respondent may be served with orders at an address within the jurisdiction that has been given by the respondent for service. FPR 2010, SI 2010/2955, 6.13 provides that where

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