Service of Notice of Contempt ???????

[momto3]

I was reading the Family Law rules and it looks like to take my ex to court for contempt I have to serve a Form 31: Notice of Contempt Motion, not just a Notice of Motion. I was reading through how to serve this Notice of Motion and this is what it states in the rules. Does anyone know how to interpret this? Can his lawyer be served or does he have to be served directly? Also can I have a process server do the service or do I have to directly serve my ex?


NOTICE OF CONTEMPT MOTION
(2) The notice of contempt motion (Form 31) shall be served together with a supporting affidavit, by special service as provided in clause 6 (3) (a), unless the court orders otherwise. O. Reg. 114/99, r. 31 (2).


SPECIAL SERVICE
(3) Special service of a document on a person is carried out by,
(a) leaving a copy,
(i) with the person to be served,
(ii) if the person is or appears to be mentally incapable in respect of
an issue in the case, with the person and with the guardian of the
person’s property or, if none, with the Public Guardian and Trustee,
(iii) if the person is a child, with the child and with the child’s lawyer
if any,
(iv) if the person is a corporation, with an officer, director or agent
the corporation, or with a person at any place of business of the
corporation who appears to be managing the place, or
(v) if the person is a children’s aid society, with an officer, director
or employee of the society;
(b) leaving a copy with the person’s lawyer of record in the case, or with a lawyer who accepts service in writing on a copy of the document;
(c) mailing a copy to the person, together with an acknowledgment of service in the form of a prepaid return postcard (Form 6), all in an envelope that is addressed to the person and has the sender’s return address (but service under this clause is not valid unless the return postcard, signed by the person, is filed in the continuing record); or
(d) leaving a copy at the person’s place of residence, in an envelope addressed to the person, with anyone who appears to be an adult person resident at the same address and, on the same day or on the next, mailing another copy to the person at that address. O. Reg. 114/99, r. 6 (3).
SPECIAL SERVICE — DOCUMENTS THAT COULD LEAD TO IMPRISONMENT
(4) Special service of the following documents shall be carried out only by a method set out in subclause (3) (a), unless the court orders otherwise:
1. A notice of contempt motion.
2. A summons to witness.
3. A notice of motion or notice of default hearing in which the person to be served faces a possibility of imprisonment. O. Reg. 114/99, r. 6 (4).

[staysingle]

For what is worth, use a process server. Contempt is a serious charge and not serving properly will weaken your motion.

[arabian]

don't waste your time or money on contempt.... judges just keep giving them another chance.....

[staysingle]

Its not a waste of time. Its the only remedy available. He is being flagrant go after him plus costs. Odds are a judge will make it very clear if they see this person again for not adhering to court orders they will get fried.

All of this is a colossal pain the ass but unfortunatly its all you have