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Original poster

Respondent not served non molestation order

13 replies

littledunebuggy · 21/07/2017 12:11

I would have thought the authorities / solicitor / applicant would do everything in their power to ensure the respondent were served the order before the hearing date?

FYI - this is an ex-parte application.

If anyone knows anything about this situation please enlighten me!

OP posts:
babybarrister · 21/07/2017 15:53

This reply has been deleted

Message withdrawn at poster's request.

Jellybean85 · 21/07/2017 15:55

What? Ex parte means there not given notice ... can you explain the situation a little more

Original poster
littledunebuggy · 21/07/2017 21:03

friend got a call from his ex wife's solicitor asking if he'd been served the order, which he hadn't. I think the hearing day had passed. Can they do that?

Sorry don't want to say too much

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prh47bridge · 21/07/2017 22:40

Yes. That is what is meant by an ex parte application. It happens without notice to the respondent. It is fairly common for non-molestation orders.

Your friend can apply to have the order set aside or varied. The order will also specify a date for a further hearing when your friend or his lawyer can put his side of the case.

prh47bridge · 21/07/2017 22:40

Yes. That is what is meant by an ex parte application. It happens without notice to the respondent. It is fairly common for non-molestation orders.

Your friend can apply to have the order set aside or varied. The order will also specify a date for a further hearing when your friend or his lawyer can put his side of the case.

Original poster
littledunebuggy · 22/07/2017 03:47

He doesn't have a date for a hearing because he doesn't have the order papers? And apparently the time had expired now...14 days I believe. So does that mean the applicant has decided to let it go? Or could she apply for another?

OP posts:
Original poster
littledunebuggy · 22/07/2017 03:49

Why is her solicitor asking my friend of he's been served the order if he isn't supposed to have been served the order?? Confused

OP posts:
prh47bridge · 22/07/2017 08:21

He is supposed to be served the order. In an ex parte case the respondent is not notified of the hearing but they should still get a copy of the order. They aren't expected to comply with an order they don't know about.

Original poster
littledunebuggy · 22/07/2017 08:24

He never received the order

OP posts:
Original poster
littledunebuggy · 22/07/2017 09:08

The solicitor said he was going to arrange for the order to sent to him. So does that mean the hearing was done without him?

OP posts:
titchy · 22/07/2017 11:19

Read what posters have said - an ex parte is done WITHOUT them there. That's the entire point of it...

Original poster
littledunebuggy · 22/07/2017 11:26

Thanks titchy. Sorry if I am not as intelligent as you, and have offended you somewhere along the line.

OP posts:
Original poster
littledunebuggy · 22/07/2017 11:37

...sorry for snapping. Having a bad day Blush

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