VIC Family Court Case - Unable to Locate Respondent?

Discussion in 'Family Law Forum' started by John231, 21 September 2018.

  1. John231

    John231 Member

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    I have a Family Court case coming up for a paternity test and child support. The father is being served but they can't find an address or whereabouts. He is to be served these documents. At the court date, if he is not located, will a judge throw the case out? What are the possible things that will happen?
     
  2. Rod

    Rod Well-Known Member
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    You need to serve the other person.

    You can ask for alternative service if you know where his family is located, but you have to exhaust all the other options first, including checking some electoral rolls.
     
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  3. CSFLW

    CSFLW Well-Known Member

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    Hi John

    The Judge will not throw out your case.

    You will need to get the process server (the person serving the documents) to swear an affidavit to say they cannot find the father.

    If the judge is satisfied you have made all reasonable attempts, you can apply for 'substituted service' on a family member or friend.

    Hope that helps.
     
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