Wednesday, September 4, 2013

Did we serve the court papers properly?

Q:  my daughters father lives in ontario i live in nys. we have a court order providing me with sole custody and him with supervised visitations. my mother and i took the documents provided by my lawyer 6 hours north to my daughters father and my mother served him in person. my daughters father says it was not done properly and that we were required to go through ontario court or the consulate to serve him and that he is not legally bound by the serving. my mother has completed an affidavit and had it notarized as to the fact that she did serve him. so the question is, is what we did correct?

A:  David's Answer:  If you were trying to serve the initial summons in the case, then service was likely invalid. Service in a foreign country must generally be done via The Hague Convention, so long as the country is a signatory on same (which Canada is). Please see: You are also best advised to schedule a consultation with a Child Support attorney in your area, particularly one familiar with international cases.  -- David Bliven, Westchester Child Support attorney (

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