Q&As

Where a respondent to an application for a non-molestation or occupation order cannot be found, should an application have to be made to serve via an alternative method?

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Published on LexisPSL on 09/08/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where a respondent to an application for a non-molestation or occupation order cannot be found, should an application have to be made to serve via an alternative method?

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 10.3(1) provides that the applicant for a non-molestation or occupation order must serve a copy of the application, statement in support and notice of any hearing or directions appointment set by the court on the respondent personally not less than two days before the hearing or within such period as the court may direct. Note that the application must not be served personally by the applicant themselves (FPR 2010, SI 2010/2955, 10.3(1A)).

FPR 2010, SI 2010/2955, Pt 6 deals with service of the application. The signpost in FPR 2010, SI 2010/2955, 10.3 points to FPR 2010, SI 2010/2955, 6.23 for the various methods of service and FPR 2010, SI 2010/2955, 6.35 which provides for the court to authorise service by an alternative method. The standard requirement for personal service of an application for a non-molestation or o

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