VIC Serving Federal Circuit Court Divorce Papers

[StevieB]

Hi Everyone,

I am new here and would appreciate it if someone could provide me with the answers to all the below 5 questions (please) in relation to a divorce application.

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Background.​

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If you were a father;​

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A) Living in QLD whom had an ex-partner living in Victoria (with the children) that ~8 months ago filed a (fraudulent) family violence intervention order in Victoria that (among other things) stated as per the below point “B”.​

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B) Whom were subject to a Victorian interim FVIO that (you were considering contesting and) stipulated that you were only to contact the (alleged) aggrieved ex-partner for the purposes of discussing matters related to the child; and that you may not use another intermediary for such purposes.​

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C) But also had the obligation - by way of a divorce application you filed - to serve the (alleged) aggrieved ex-partner with the divorce application documents.​

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Questions.​

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1) Are you breaching your family violence intervention order by sending the divorce papers to the (alleged) aggrieved ex-partner’s address? If so, and you are breaching the family violence intervention order by doing this, then how can you possibly serve the Federal Circuit Court divorce papers?​

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2) In the event the (alleged) aggrieved ex-partner obtains legal representation (this has not happened yet) can you send the Federal Circuit Court divorce papers to the (alleged) aggrieved ex-partner’s lawyer and get him to serve the ex-partner?​

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3) Notwithstanding the above point 2; are there grounds upon which the (alleged) aggrieved ex-partner’s lawyer can refuse to accept the divorce documents on behalf of the ex-partner?​

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4) Is it possible to; (i) turn up to the 1st Federal Circuit Court hearing in relation to the divorce application alone; (ii) explain the situation (the family violence intervention order communication restriction and the lack of cooperation from either lawyer or respondent-mother, or both) to the registrar/judge; and (iii) then receive;​

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4a) FCC orders that override the magistrates court jurisdiction and allow communication to the mother and/or her lawyer for the purposes of the divorce application.​

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4b) Permission to proceed with the divorce application in an ex-parte manner.​

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5) What is the best way to serve the (alleged) aggrieved ex-partner in these circumstances.​

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Regards,

Steve.

 

[Atticus]

1) No .... In order to carry out the divorce, (necessary paperwork only) the other party must be served. If the protected person complains to the cops about a breach, I'll bet they tell her there is no contravention to answer for

2) Only by applying to court for substituted service

3) Yes.... The lawyer is not obliged to accept unless directed to by the client

4) No... you could take that opportunity to ask for substituted service, but in the circumstances you have described, it's unlikely to be granted

5) Get a process server.... Provide a pic of the other party so that the server can confirm ID if they refuse to identify themselves... Process server affidavit will be sufficient evidence to the court that the application has been served... That's all the court requires as far as service goes