Donate Child Support Calculator
Skip navigation

Initiating application service time

Hi all,

Well I have been informed (through acquaintances) that my ex has started family law proceedings and has filed with the magistrates court - an initiating application in regard to contact with our children. I believe ex is requesting interim and of course, final orders.

Now my question is, I've been told that there has been a date set down that is in a couple of weeks but I've not been served with any paperwork yet; I've yet to see the initiating application and any affidavits or exactly what ex is seeking. Is there a time limit that ex needs to have me served by?

I've searched on the FMC website as it says applicant must serve 'as soon as practicable' by special service and then I must file my response with any affidavit material, allowing the applicant 14 days to then respond to my response. Is this correct?

If there are only a couple of weeks until the court date (I've got no proof that there even is one, just been told by friends as I have a DVO against him) then surely it can't go ahead at the date that's set down. If I need to respond, allowing 14 for applicants response, then I'm out of time and like I said - I've received nothing in the way of initiating application.

Is this a legal ploy ex could be playing, hoping I'll have no time and be completely unprepared? If so, can I seek an adjournment to seek legal advice and prepare or can it all go ahead without me even being served.

Sorry if I'm repeating myself but I'm quite confused about the whole thing and wondering if ex is -
1. Trying to leave things until the very last minute.
2. Hasn't actually made an application or perhaps has but has changed mind, hence me not being served

Is there a set amount of time i.e 28 days or so that I need to have been served to enable me sufficient time to prepare.

Thanks in advance.

 Regards…..
you should contact the court and advise them that you are concerned you may be a party to proceedings but have not been served any paperwork. they will tell you if the matter is listed and when.

1 guest and 0 members have just viewed this.

Recent Tweets