In sept 2013 the court ordered us to come in march 2014 for an appearance. by then the ex had skipped the country and cut off all communications.
I took the documents to be served to ex's friend's place (last known address where she stayed when last visiting the country) he accepted the service, I also emailed her the documents the same day.
next day her friend emailed me and said he has no idea about the whereabouts of the ex and is sending the documents back.
at the court date I explained this to the judge and showed her both the emails of ex's friend, as well as the email in which I had sent the documents to the ex as attachments. the judge accepted this and wrote it as substituted service in her endorsement. a final order was made.
The ex came back Dec of 2014 and brought a motion to change in August 2015, suggesting the the order be set aside due to improper service. the case conference is in a few days. she sighted lack of legal aid for reason not to pursue the matter any sooner.
what would be your take on the issue of setting aside the order?
I took the documents to be served to ex's friend's place (last known address where she stayed when last visiting the country) he accepted the service, I also emailed her the documents the same day.
next day her friend emailed me and said he has no idea about the whereabouts of the ex and is sending the documents back.
at the court date I explained this to the judge and showed her both the emails of ex's friend, as well as the email in which I had sent the documents to the ex as attachments. the judge accepted this and wrote it as substituted service in her endorsement. a final order was made.
The ex came back Dec of 2014 and brought a motion to change in August 2015, suggesting the the order be set aside due to improper service. the case conference is in a few days. she sighted lack of legal aid for reason not to pursue the matter any sooner.
what would be your take on the issue of setting aside the order?
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