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Application on notice to the respondent

  • sinkingsand
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21 Jun 21 #517037 by sinkingsand
Topic started by sinkingsand
After nearly 3 years I finally got my Decree Absolute in April. For the Final Hearing I was a LIP. The Consent Order was drawn up. At my ex-husband's request 2 items were taken from the family home. Within a 3 month period, he was to have them valued and put up for auction, keep me updated and discuss an agreed reserve price. I heard nothing so emailed him last week for an update. He said I was being petty, that he was going to do with them as he sees fit. I then emailed the court to ask the procedure I must take for Breach of a Consent Order. The Judge said that if I am seeking an order that I must make an application on notice to the respondent. Would someone be able to enlighten me as to what this means and what I am required to do? Many thanks in advance

  • rubytuesday
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22 Jun 21 #517054 by rubytuesday
Reply from rubytuesday
An application on notice means that the other party is given notice of what you are applying for, as opposed to a without notice notice application where the respondent is only informed after the emergency hearing. Use a D11 form. You can read the Practice Directions for making an application on notice here - www.justice.gov.uk/courts/procedure-rules/civil/rules/part23

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