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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 06-05-2022, 02:07 PM
undersc0re undersc0re is offline
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Default Acceptable personal service methods

Does anyone know if personal service of documents on a person for a simple family matter in provincial court has to be dropped at their feet, or can you drop it on their roof or hood when they refuse to get out and accept them?
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Old 06-05-2022, 03:59 PM
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This should help you.

https://www.legalaid.on.ca/faq/quest...urt-documents/
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Old 06-05-2022, 03:59 PM
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This should help you.

https://www.legalaid.on.ca/faq/quest...urt-documents/
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Old 06-05-2022, 06:31 PM
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Somewhat clear as mud, they know they are documents and see them, they look away and smirk as you put them under their windshield wiper….wait until the “server of papers” leaves….hour later…server has witness with them and saw the person knew they were being served papers. They live in a condo building with underground parking and evade service pretty good…so maybe I will have relative serve at parking spot with witness and picture and see how it works out…I mean it is pretty much like dropping it at their feet when they refuse.
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Old 06-05-2022, 06:32 PM
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Double post issue
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Old 06-05-2022, 06:40 PM
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Quote:
Originally Posted by undersc0re View Post
Somewhat clear as mud, they know they are documents and see them, they look away and smirk as you put them under their windshield wiper.wait until the server of papers leaves.hour laterserver has witness with them and saw the person knew they were being served papers. They live in a condo building with underground parking and evade service pretty goodso maybe I will have relative serve at parking spot with witness and picture and see how it works outI mean it is pretty much like dropping it at their feet when they refuse.

Have someone else serve them. That way they wont know. You could even have that person have a bouquet of flowers to make it better lol.
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Old 06-05-2022, 08:12 PM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by undersc0re View Post
Somewhat clear as mud, they know they are documents and see them, they look away and smirk as you put them under their windshield wiper….wait until the “server of papers” leaves….hour later…server has witness with them and saw the person knew they were being served papers. They live in a condo building with underground parking and evade service pretty good…so maybe I will have relative serve at parking spot with witness and picture and see how it works out…I mean it is pretty much like dropping it at their feet when they refuse.
BlinkandIamgone put a good link for special service. Normally things are not complicated so do the easy thing first and forget what you see in the movies.

I am only a fan of that idea if it says in bold letters "service of court documents" and the person is seen reading that.

Some tips:
1. Do not get a relative to do it; it can heighten anxeity.

2. Definitely do not get a child of the marriage to do it; it is mean.

3. You are not allowed to do it yourself, you can be present but that feels hurtful to me.

4. Have a friend to do it. Have them itemize all the documents and count all the pages of each document, Titles and dates are required.

5. Have the person serving ensure the person knows they are being served. This means that they saw the front page or were verbally told that they were served.

6. The document has to be in their possession. Dropping it at their feet, handing it to them and them throwing it back before "knowing what it is" is not a sure.

7. If the person being served is being difficult go to the court for an alternate means of service.
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Old 06-05-2022, 08:48 PM
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It is done now, the service had to be done 5 hrs away so it was done best they could while they were there. Served by placing documents on vehicle after they nodded and looked away while parked. I was told by a lawyer that dropping the documents at their feet if they refuse is sufficient service for this simple document, especially if the person serving them knows them well. I guess I will find out if this is sufficient at court time and if not maybe I will ask at that time if I can have alternate service given…family court is supposed to be somewhat forgiving. I assume a reply to the order would be an assumption of good service…but probably won’t happen.

The served person probably won’t show up to either appearance, hoping at least to get imputed income raised from minimum wage in 2015 to current minimum wage for child support. The person did not give their financial info for support purposes as per order back in 2015…maybe a fine or something will be ordered.

I have a court appearance with same person soon online to enforce or deal with an order not adhered to…I was allowed to serve that by email.
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Old 06-06-2022, 06:43 AM
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Quote:
Originally Posted by pinkHouses View Post
BlinkandIamgone put a good link for special service. Normally things are not complicated so do the easy thing first and forget what you see in the movies.

I am only a fan of that idea if it says in bold letters "service of court documents" and the person is seen reading that.

Some tips:
1. Do not get a relative to do it; it can heighten anxeity.

2. Definitely do not get a child of the marriage to do it; it is mean.

3. You are not allowed to do it yourself, you can be present but that feels hurtful to me.

4. Have a friend to do it. Have them itemize all the documents and count all the pages of each document, Titles and dates are required.

5. Have the person serving ensure the person knows they are being served. This means that they saw the front page or were verbally told that they were served.

6. The document has to be in their possession. Dropping it at their feet, handing it to them and them throwing it back before "knowing what it is" is not a sure.

7. If the person being served is being difficult go to the court for an alternate means of service.
Pretty much all of this is wrong. You probably should have read the link before posting.
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Old 06-06-2022, 09:12 AM
undersc0re undersc0re is offline
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I guess I should have stated this was in British Columbia, I realize this is called Ottawadivorce . com but it seems to be the best forum I could find and has so much information.
Today I received a text from the woman I am separated from that she received the documents that I had a sister and friend serve on her, the text said she would agree to my terms and she would sign over all her parental rights and also leave my pensions alone if the monthly child support amount does not change. Currently we do not have a separation agreement and only a few court orders done, separated since 2011, and she has not made an attempt to try and visit our daughter since 2018. I have tried to ask her if she wants to move it along with a separation agreement and divorce in the past but get ignored. She also never shows up in court and refuses to meet with a mediator, and basically it’s her way or the highway and is a little unstable and hard to rely on.
With a set court date(this week) about enforcing a previous order to raise child support, and non disclosure of financial info, and now this paperwork I had served to her for a court date tbd yet, that one is about a few other things including passport application and the permission to travel letter will be coming up once a month of no reply to that paper work happens.
She seems to be a little more accepting now than before to an agreement, albeit under duress of not wanting child support to go higher than based on minimum wage. Maybe she could come back at me later saying she wants her share of the pension and made that decision in a financial stressfully situation at the time. I had a lawyer at the beginning of the separation to make sure I followed proper disclosure etc so later on ai would not be in hot water, I remember him saying the law here now pretty much says she can’t really give up her right to her share of my pension….he didn’t go into details but maybe he meant cpp. I can not afford the lawyer retainer or costs right now and I also can not use a layer provide by the government because I make to much money. I am saving up for costs to pay a lawyer to eventually help protect me and my future with final separation/divorce papers and hopefully I can make it cheaper by doing most of the work myself.

I went on a rant, but papers were served, she accepted them and is in desperation mode basically.
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