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Best way to serve NMO

Hi Birmingham. Just wondering if that is the correct form. I haven't actually applied for one myself but the form listed for an NMO is the FL401 (linked below). That form has a couple of boxes in which you can explain the situation. It also mentions a statement and evidence. Second link below has a lot of info on how to complete it and write a statement (and a video).

FL401 for NMO

NMO Statement and application

Off to check what a D89 is!
 
Ok it looks like the D89 is to ask the court to serve the application using a bailiff. If using a bailiff they do charge but don't know how much.
 
Have I got this right? Or are you saying you've already applied?
 
This is from a womens rights page :rolleyes:. Detailed info on how to apply

"There is no court fee for applying for a domestic violence injunction.

You or your solicitor will need to prepare a witness statement giving details of your relationship, any relevant children, past history of violence and the events which led you to make the application. You should also set out what you want the order to do. You will have to attend at least one and possibly more court hearings."

So it does sound like you need to do a witness statement to go with the application. I'd give the court a call and ask them if they can they serve the application for you. They'll either say yes or they'll say use the other form to use a bailiff.

I haven't done this before myself, but I know someone who has applied for a general injunction before and I think the main thing is apply and have a detailed application as to what's what - assume you can attach evidence as well (because the statement is a witness statement). It could be worth having a half hour free legal advice. As it says a witness statement, then that is like for a final hearing with Child Arrangements - your statement is your evidence. So it needs carefully constructing, with all info in and ideally backed up by attached evidence. Probably best to have a front page schedule for the evidence eg

1) Email from Mrs Ex confirming xyz (2 pages)
2) CCTV photograph from x date x time

And then use those respective numbers on the top right corner of each page of evidence. So the email would have number 1 on the top right of both pages of the email.
 
I applied around september, the application form, the witness statement and supporting evidence...... i had help from 'RCJ Citizens Advice', 5 days later an order was granted and a hearing on paper was set 3 weeks later. i only got the order today after i followed up, but it was granted like 8 days ago.
i just need to serve the papers to the respondent well before the hearing date.,
 
Ah right. I obviously didn't read the whole message properly - it was a bit late last night 😁. So you've done the application and got a hearing date and just need to serve the papers on ex. And have the D89 form. If you use that and have bailiffs serve the papers I think there is a charge (seem to remember it could be about £170 but not sure). However that is deemed as verified being served. Serving can be tricky. I've had to serve papers before. Does she have a solicitor? If so you could take them into the solicitor's office and ask someone to sign to say they received them (I have done this twice - first time was ok - second time they refused to accept them - so I had to post them special delivery and screenshot the royal mail notification that they had been delivered to the solicitor and signed for). Bonkers - the solicitors office was literally across the road from the post office! Yet the papers went all the way from the post office to the main sorting office rather than just across the road lol.

Anyway - the problem is people can refuse to receive the served documents or say they haven't received them (which is why you need a signature). So I think the options would be

a) Use the bailiff and pay
b) Post them special delivery IF she has a solicitor (solicitor's office will sign when they're delivered and you have proof of delivery.
c) If she doesn't have a solicitor then posting them probably isn't reliable enough as she could still refuse to accept it from the postman and these days they often still leave things outside or in a box rather than actually asking for a signature.
d) Long shot but you could ask the court to serve them. They may say yes we'll post them out. Or they may say - use the bailiff and form D89.

What you do need to do I think is attach proof of serving to a sheet that should have come with your court papers (assume this is the same for NMO as for C100. It asks you to fill in how, when and where you received them and attach, say, proof of delivery (royal mail screenshot it's been delivered). You basically look up the tracking number on royal mail website and it confirms it's been delivered and you screenshot it.

The other question - do you need to do a witness/position statement.

I thought, looking at the FL401 form, that that was needed at the time of application - a witness statement with evidence. Did you do one then? If not then yes you probably do need to send one now. Or - what do the court papers say? You could do a position statement to hand in/send in nearer the time as well. But the witness statement is the important bit - that's your evidence (and can have evidence attached).
 
Ash said:
Ah right. I obviously didn't read the whole message properly - it was a bit late last night 😁. So you've done the application and got a hearing date and just need to serve the papers on ex. And have the D89 form. If you use that and have bailiffs serve the papers I think there is a charge (seem to remember it could be about £170 but not sure). However that is deemed as verified being served. Serving can be tricky. I've had to serve papers before. Does she have a solicitor? If so you could take them into the solicitor's office and ask someone to sign to say they received them (I have done this twice - first time was ok - second time they refused to accept them - so I had to post them special delivery and screenshot the royal mail notification that they had been delivered to the solicitor and signed for). Bonkers - the solicitors office was literally across the road from the post office! Yet the papers went all the way from the post office to the main sorting office rather than just across the road lol.

Anyway - the problem is people can refuse to receive the served documents or say they haven't received them (which is why you need a signature). So I think the options would be

a) Use the bailiff and pay
b) Post them special delivery IF she has a solicitor (solicitor's office will sign when they're delivered and you have proof of delivery.
c) If she doesn't have a solicitor then posting them probably isn't reliable enough as she could still refuse to accept it from the postman and these days they often still leave things outside or in a box rather than actually asking for a signature.
d) Long shot but you could ask the court to serve them. They may say yes we'll post them out. Or they may say - use the bailiff and form D89.

What you do need to do I think is attach proof of serving to a sheet that should have come with your court papers (assume this is the same for NMO as for C100. It asks you to fill in how, when and where you received them and attach, say, proof of delivery (royal mail screenshot it's been delivered). You basically look up the tracking number on royal mail website and it confirms it's been delivered and you screenshot it.

The other question - do you need to do a witness/position statement.

I thought, looking at the FL401 form, that that was needed at the time of application - a witness statement with evidence. Did you do one then? If not then yes you probably do need to send one now. Or - what do the court papers say? You could do a position statement to hand in/send in nearer the time as well. But the witness statement is the important bit - that's your evidence (and can have evidence attached).
Click to expand...
I rang the court today, lady told me as how the order states, it authorises me to either send it as a text message, send pictures of the order and pages via whatsapp, or directly post it to them. The lady also says the court also sends a copy first class to the respondents address

i have emailed the solicitor and the respondent, as expected no acknowledgement. That should even be enough as i have proof that I sent it.

I think i'm going to have to print the documents off and post it to the solictiros 'signed for' like you said.
I am trying to ge6t hold of process servers, but theyre quoting like 150+vat, some cant even guarantee service, petrol shortage in london etc.

thanks
 
I was forgetting things are quite different during the pandemic. Yeah I’d post it to the solicitor- but do it special delivery as it’s guaranteed delivery (and needs a signature). And you’ll need a copy of proof of posting/receipt. You’ll get the first at the post office (or online). The second you’ll need to put the tracking number in to see proof of delivery.

Although - if you do it all online, Royal Mail send you an email when it’s been delivered so that would be proof (and easier).

Here’s the link - it’s dead easy - you just put all the details in and select special delivery or guaranteed delivery. You need to weigh the package though (or guess the weight! Am A4 envelope with a fair amount of documents would be less than 1kg - maybe 600g. You pay online, print out the label and then just stick it in the post box I think (or drop it off at the post office).

Send with Royal Mail
 
It sounds like that should be plenty to say it's been served - just print out her email (I've had situations where an email has been withdrawn after being sent! Although don't see why they should bother with that). Any legal emails now I print straight off (if it's important) and then file them in an email folder (I think they can't be withdrawn once they're in a folder - only from the inbox).

Do you have a form to send back to court proving papers are served? Or is that already done (I think it just asks for receipt of postage/details of service etc)?
 
in the hearing her solicitors included two NMO's against her in the bundle, one from her ex and one from me.... theres no denying that either has not been served....
no further action requirted here in terms of serving....

but yeah, Royal Mail is sufficient if there is a sol involved.... else a process server 75 - 150 + vat...
process servers were in such demand recently in london, fuel shortage and prices hikes meant less servers.... i called so many, they were saying 5 working days turn around, and its up to 3 calls per order.... else you have to pay again.
 
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Bit crap. nmo are active from both sides, loads of hearings comin up... child contact progress is slow.... so off putting,... seen better days :-(
 
Really sorry to hear that Birmingham. You seem to have been in this situation for such a long time. So did you have the nmo hearing? And result was nmo for both of you ?

Assume the hearings coming up are for CAO then.

Hang in there. Once it gets to CAO hearings, things will progress.

Nights are getting lighter :)
 
Ash said:
Really sorry to hear that Birmingham. You seem to have been in this situation for such a long time. So did you have the nmo hearing? And result was nmo for both of you ?

Assume the hearings coming up are for CAO then.

Hang in there. Once it gets to CAO hearings, things will progress.

Nights are getting lighter :)
Click to expand...
both NMO's active, had a few NMO (against me) hearings, my one against her have just been paper hearings. also the ex wife has another NMO against her by her ex boyfriend, thats three NMO's (2 against ex wife, one against me) the NMO against her by her ex, hearings have taken place, ex wife didnt show up claiming she didnt know him, but apparently he has proof that she does.

The london judge wants all 3 NMO's in a combined hearing, fact find coming up, along with other drama, , judge has summoned her ex boyfriend too. hearings are combined with CAO, i expect the usual (lets order antoher s7 report which will probably take yet another year before the judge can order any kind of supervised hearing ... probably who knows.) just feel like giving up, the court system is such a faff, whats the point. everyone involved in this case knows whats going on and how the ex is manipulating the system, but nothing can be done about it.

kid is 4.5 years old now and through my kids own words it is apparent that brainwashing process is already complete,

good tactic from the ex wife, deprive child of father long enough to brainwash them and then the ex wife job is done, the kid is in auto pilot mode.
 
Birmingham I can hear you're rock bottom and I'm not surprised - it's been going on a long time - and maybe you feel negative now because you're in the middle of all this. But don't give up. You can influence the outcome - and we can help.

Yes your ex is playing the system but a good Judge will see that - look at what's happened over the last year or two and see that you have had no contact at all.

So you didn't manage to get your NMO dismissed? It sounds positive to me that your ex has 2 NMO's against her! To be honest I would think a Judge at a fact finding would look at all these NMO's and think - waste of court time - all accusing each other - and that is why there is a fact find - a fact find hearing will be a better process than an NMO hearing - more straightforward. She can list her allegations (and has to prove them) and you can present your evidence (and present yourself as a calm, respectful long-suffering parent).

The advantage of a fact find is, if the Judge doesn't find for her, all her allegations are dismissed and she can't claim them again and it then moves to a final hearing for an order. Or they may make an order there and then as sometimes a fact find turns into a final hearing.

It is so obvious she is just trying to prevent contact - and has done so for so long. Hang in there. You will get there in the end.

How long since you last saw your kid? You don't know your kid is alienated. In fact it would be hard to alienate a kid if they didn't know who they were alienated from!

What is needed is a court order - for 50/50 (if you want it) that your ex has to follow and has to allow a relationship with you and your kid.

With all the NMO's I can't even remember if you applied for a CAO or what you asked for. You were getting to see your child at one point weren't you?

Once you have a fact find hearing this is your opportunity to submit a strong position statement, highlighting how long it is since your child has seen you and that contact has been prevented for no good reason whatsoever and you have evidence that all allegations are false.

And at the same time have your responses in the Scott schedule and your evidence.

Evidence will be key at that hearing - if it can be proved some things are just made up. But as well as that the Judge gets a feel for things and decides whether one party is a better parent than the other. Which is why everyone says - be calm, well presented and come across well.
 
One day your child will get curious - and ask "Why" ...... that will be your chance to put this right, you have to play the long game in this, this isn't a ten minute job as you know, but keep cards for them each year (Christmas and Birthdays etc) and when they come back (and they will) give them to your child, that will show you at least care and thought about them through all this time.
 
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