I have been served with a Notice and Application Form
If you have been served with a Notice and application form, it means that another person is applying for a court order. The application may relate to arrangements concerning your child or children, such as custody, access, guardianship, or passport applications.
The person making the application is called the applicant. You are called the respondent.
You should read the Notice, the application form, and any other included documents very carefully. The Notice will tell you what the other person is applying for, and the date, time, and place that the application will be heard by a judge.
Your next steps
Once you have read and understood what's in the application, your next steps are:
1. Consider mediation and legal advice
Family Law decisions can affect arrangements for your children, maintenance, the family home, money, assets, and pensions.
Before attending court, you should consider reaching an agreement with the help of a mediator or a solicitor.
Mediation can help to resolve disputes you may have regarding maintenance. It is a confidential service, and all mediators are neutral.
Mediation is not there to help couples reconcile. It is there to encourage cooperation and mutually acceptable arrangements. During mediation, you can meet the mediator together or separately.
On average, mediation takes between three and six one-hour sessions. If you have children, your mediator can ensure their voice is heard.
Your agreement can be changed or amended as needed. You will need to go to court if, for example, your mediated agreement has been made a rule of court or forms part of a court order.
You might also want to get legal advice to understand your options. While the Courts Service cannot advise or represent you in court, a legal representative can:
- advise you of your legal rights
- outline how you might reach agreement
- prepare and file your paperwork
- speak on your behalf in court
You can decide to represent yourself, but you will need to understand court procedures.
2. Consider other support services available
We understand that many court users may need support during their court journey. There are many support services available to advise you on your rights and obligations.
3. Attend the court hearing
The Notice will tell you the date, time, and place of the court hearing. The hearing will be held in camera, meaning it will be held in private. The applicant must also attend court on the date stated in the Notice.
When the case is heard, both you and the applicant will present your case to the judge. You should bring any documents that support your case.
Both you and the applicant will have the opportunity to give evidence and ask the other party questions. The judge may also ask questions. After hearing all evidence, the judge will make a decision — this is called a court order.
If the applicant fails to attend, the case may be struck out and they will have to start the process again.
If you fail to attend, the case may go ahead without you, and the judge can make an order in your absence.
4. Receive the court order
After the court hearing, the court office will finalise the order and post a copy to both you and the applicant — or your solicitors — as soon as it is ready.
If you do not receive the court order within four weeks, contact the court office.
You have the right to appeal if you are not happy with the decision. To appeal, you must file your appeal documents within fourteen days of the hearing.
