Court Order without Notice of Motion

armstrongracer

I've just been forwarded a Court order sent from my solicitor whom I haven't engaged for 3 years.

Looks like my ex sought a variation to our separation agreement and was granted it in my absence. The case was actually held on December 1st 2016.

The thing is; although I probably see my ex face to face at least once, sometimes twice a week she never mentioned she was taking me back to court and I didn't receive the notice of motion. So I couldn't turn up to a court sitting I didn't actually know about in the first place. Turns out that she just put it in the post, unregistered and didn't give me a copy (she lives 2 streets away).
That's also why the order took so long to get to me, the court used my solicitors address from the original settlement, going back to 2012.

How do I deal with this? I want to contest the order.

justinmg1

armstrongracer wrote:

The thing is; although I probably see my ex face to face at least once, sometimes twice a week she never mentioned she was taking me back to court and I didn't receive the notice of motion. So I couldn't turn up to a court sitting I didn't actually know about in the first place. Turns out that she just put it in the post, unregistered and didn't give me a copy (she lives 2 streets away). That's also why the order took so long to get to me, the court used my solicitors address from the original settlement, going

Op, I am not of a legal background but I would argue as to why it was your ex that submitted the documents via the post. I would have presumed that official court documents must be registered ie with a trace of delivery.