Help with non-responsive respondent to divorce petition please!

(4 Posts)

I posted this in legal but maybe more suitable here?

My Ex moved back to his country (Middle East) when we separated 18 months ago and has been over once in that time to see our son for 5 days (Ex has British passport). He also sees him on skype when it's possible. I have no problem with access etc and there is no property to split or money issues.

I thought the divorce would be non-contested as I discussed it with him and went ahead on that proviso. I can't afford a solicitor but I did pay for a consultation with one just to make sure I'd filled in the papers correctly a few months back.

Because of him living where he does we agreed that I'd send him the court stamped papers by email, which he would print, sign and email back so they could be posted to the court. But once he'd received them, he did not agree with the Statement of Arrangements for our son as he wants to include in it that when he turns 6 I will put him on a plane and send him over to his dad for holidays. I'd told him before that I wasn't prepared to put that in writing at this point and when the time came we would have to agree.

I've explained that even if he does want something else he has to respond to the court to tell them so. But he's just not doing anything now.

His allotted time to respond is up, and my option is to apply to the Judge to ask him to move the divorce on without his response but this requires proof that he has been served the papers. Because he lives abroad I'm not able to to use the court baliff option to have him personally served.

What I do have is email conversation discussing the petition, as well as postal receipt that I sent it by International Signed For with the Royal Mail (but this doesn't provide tracking in the destination country). Will this be enough proof that he has been served and is not responding, allowing the Judge to give directions? To take this step costs another £90 and I'd rather know how likely it is that it will be accepted by the Judge before doing it.

Any advice is appreciated!

Thanks

Collaborate Thu 04-Apr-13 13:30:27

You can apply for deemed service, then when granted proceed with an application for nisi.

Hi collaborate,

That is what I am hoping I will get, but I didn't know how likely it will be that the Judge will accept it on the basis of email and international post?

Thanks,

Hi, I just wanted to update as someone else may be in the same situation.

I sent the court the email conversation/text messages which showed he had received the petition, and proof of postage to his international address and made an application for the judge to deem service. The judge accepted this and has deemed service. Obviously, this depends on the judge sitting at the time, but just wanted to let others know it is possible!

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