Serving court papers in a family case: who does it, how, and how to prove it

What service means

Service is the formal way of making sure the other person has the court papers. The court needs to know they had proper notice before it deals with the case.

The general rules are in Part 6 of the Family Procedure Rules. Other parts of the rules can change them for particular cases, such as children cases or protection orders.

Every party must give the court an address for service in the UK. If your address changes, you must tell the court and every other party in writing. If you need to keep your address private, you can ask the court to keep it confidential using Form C8.

Who serves in a children case

In applications for child arrangements, prohibited steps or specific issue orders, the court usually serves the application. The rules let you ask to serve it yourself instead, or the court can direct you to.

The court sends the respondent a copy of the C100, the notice of hearing, a blank C7 and a blank C1A. The papers must reach each respondent at least 14 days before the first hearing.

In some other children applications, such as a parental responsibility order, the applicant serves. Check the current GOV.UK guidance and Practice Direction 12C for your type of application.

Who serves in a financial remedy case

When you file Form A, the court normally serves it on the respondent. The rules say the court does this within 4 days of filing and gives notice of the first appointment date.

You can tell the court when you file that you want to serve it yourself. The court then sends the papers back to you. You must serve them within 4 days of receiving them. You then file a certificate of service at or before the first appointment.

Protection orders: you must not serve them yourself

An application for a non-molestation or occupation order on Form FL401 must be served on the respondent personally. So must any order the court makes. The rules say the applicant must not hand them over in person.

GOV.UK says your solicitor will do this if you have one. If you do not, you can ask the court to serve the documents for free using form D89. This asks for personal service by a court bailiff. You can also pay a professional process server.

When the respondent has been served, a statement of service on Form FL415 is filed. For a non-molestation order, the order and the statement of service go to the police.

If there has been abuse

You do not have to face the other person to serve papers. In many cases the court serves for you, or you can ask it to.

Other options include a process server, or service by post where the rules allow it. A court bailiff can serve documents for a fee, though usually only after post or email has been tried.

If the person to be served may be living in a refuge, the court decides how they are served. The refuge address must not be given to the person serving. If you are in danger, call 999.

Methods of service

Part 6 lists the usual ways to serve a document. A rule or court order may require one particular method.

1. Personal service: leaving the document with the person. For an individual, this is how personal service is done.
2. First class post, document exchange (DX) or another next-business-day delivery service.
3. Leaving it at the person's address for service.
4. Email, but only if the person has said in writing that they will accept service by email and given the address to use.
5. Before serving by email, you must ask whether there are limits, such as file formats or attachment sizes. You do not need to send a paper copy as well.

When papers count as served

The rules set a date when service is treated as done. This is called deemed service. Time limits that run from service count from this date.

First class post or DX counts as served on the second day after posting, if that is a business day. If it is not, it counts on the next business day.

Personal service, leaving papers at the address and email count as served that day if done on a business day before 4.30pm. Otherwise they count on the next business day.

Proving service

When you serve papers yourself, you may need to file a certificate of service. It records how, when and where you served them.

Form C9 is for children cases. Form FL415 is for protection order cases. Form FP6 is for other family cases, including financial remedy.

For personal service, record the date, the time and how you identified the person. For post or DX, record the date of posting. A certificate of service for an application form is filed at or before the first directions appointment or hearing, whichever is earlier.

If you cannot find or serve the person

If there is a good reason, the court can allow service by another method or at another place. This is called alternative service. The court can also treat steps already taken as good service, or decide service is not needed.

You can apply without notice to the other person. Your evidence should say why you need the order and what method or place you propose. It should also say why the papers are likely to reach the person.

Applications in an existing case usually go on Form C2 in a children case or Form D11 in a financial case.

Key dates

1. Within 4 days of filing Form AThe court serves Form A and notice of the first appointment, unless you chose to serve it.Source: r 9.12(2)(c)(i) ↗ (external source, opens in a new tab)
2. At least 14 days before the first hearingChildren application papers must reach each respondent.Source: PD12C para 2.1 table row 1, para 2.2 ↗ (external source, opens in a new tab)
3. At least 2 days before the hearingAn on-notice FL401 application is served on the respondent personally, not by you.Source: rule 10.3(1) ↗ (external source, opens in a new tab); rule 10.3(1A) ↗ (external source, opens in a new tab)
4. At or before the first directions appointment or hearingFile any certificate of service for an application form.Source: rule 6.37(2) ↗ (external source, opens in a new tab)