Now service issue.

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anotherSTEPmother

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Hello all,

So i have mentioned before that we are in the middle of a contempt motion (my partner's ex accused of contempt).

So we filed the motion with an affidavit for him in support of the motion.

went to court and she had not filed anything, the judge allowed an adjournment and said for her to serve him with an affidavit with her response and then for him to reply with an affidavit.

of course she waited until the last minute as the court date is monday and she served him tuesday night (i think around 8pm) which means service is effective wed. I had sent an affidavit of my own to support his (as suggested by the judge as well) and she was served wednesday.

my partner then tuesday night scrambled got info together had it commissioned yesterday (wed) and sent to serve her today.

well she didnt answer the door (pretty confident she was home) and the person trying to serve her waited around. her mom showed up and she asked her (mother) her name to confirm and she lied about the name!

THEN the server went into the back yard to knock on the back door and her bf who she claims doesnt live there told the server that "nobody lives there by that name and told her to get off his "effing" property.

the server went to the court and wrote out an affidavit indicating what happened but OF COURSE could not file it because it had not be served.

the motion will now be held monday and we could not serve her within the allowable timeframe!

does anyone know what happens here? or a suggestion?:confused::confused:
 
yeah, after you have presented it to the other side. Unfortunately it happens all too often and depending on which side you are on, can put the person just recieving the material at a real disadvantage.

My ex's lawyer handed me his reply 2 minutes before they opened the court room and I went in completely messed up. Not even filed at that point either. Then the judge wouldn't accept my affidavit, even though it had been properly filed that morning and just hadn't been added to her case file. I still have to wonder if it was because I was self -rep at the time.
 
The address that the process server went to, was it the same one as she was served at before?

Is it the same one as is contained in her court documents?

You should include in your motion, that the ex be compelled to provide her new address as according to the residents of that location, she doesn't live there.
 
that is her address as far as we know, that is the address in her court documents AND she was served there successfully the day before with something else!
 
OK so I went to p/u my partner's child on Friday afternoon, thinking that we could maybe hand her the documents and then walk them in on Monday morning. That way she would have at least been able to see them before court tomorrow. Well the child was at the address (I guess they still live there) but of course she is not home, she has her bf's sister babysitting.

So I ask the sister-in-law if I could leave an envelope with her for Amanda. She says I don't know who you are and you don't know who I am so no and slamms the door in my face (after the child had joined me outside). This woman is the one who has been serving my partner too LOL. I recorded the conversation as usual but we all know, nobody really listens to them.

I will try again tonight when we drop him off, not sure if she will be home, she tends to be busy partying on Sundays and usually has someone else waiting for her son.

If she is not home I will hand to her is the morning and get my partner to walk in, is that right? If she has been avoiding service, will the judge accept the documents?
 
She doesn't know who you are so can't accept an envelope from you but can hand over a child to you? That's common sense right there.
 
You can get a process server to serve the documents. They will need a picture of her, and the address. They will try to serve her, and if she refuses, or makes it difficult, the process server will post the documents where it is noticable.

The process server will then write an affidavit of service which will state the dificulty in service.
 
We sent someone to server her on thursday that has pictured of the residence but as I mentioned she would not come out.

she was home tonight so i "served" her but not within the required time from as court is tomorrow. she said that she wasnt even going to read it because its all bullshit (in front of the child) she cannot help her verbal diarrhea and this is one of the reasons for the contempt motion tomorrow.

either way we try to walk in the documents tomorrow we have an affidavit from the person who attempted service on thursday with her pic so hopefully wwe can walk in the info, part of the isue was she served her documents 3 days before not 4 like she was supposed to.
 
Hi again. So I went with my partner to court this morning but couldn't stay the whole day because of work. Despite our better judgement we tried to settle with her this morning just trying to get exchanges at a supervised access centre s at least the child won't have to witness her constantly screamiglng at us. She has outright refused any settlement so my partner is now waiting to go in. The duty council says that because she isn't withholding access it will be difficult to have her found in contempt. So now we wait, clearly getting a motion to change ready. My partner is devastated by what is happening but what can be done
 
So the verdict is no contempt. The 6yr old child will now cross the street alone as per mothers request. Did not admit to anything so one again my partner is beaten in trying to work out his son's best interests. I would completely understand and not care really if she was financially trying to win but everytime she "wins" the little one loses
 
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