Serving legal documents to an abusive partner in New Brunswick can be dangerous, but you never have to do it yourself. You can hire a professional process server, use a trusted adult, or ask the Court of King’s Bench for an order for “substituted service” to deliver the papers electronically.
Starting a family law case, such as filing for divorce or requesting a restraining order, requires you to officially notify the other person. This is known as “serving” the documents. When you are escaping intimate partner violence, the thought of handing court papers to your abuser is terrifying. 💔
Fortunately, the justice system in New Brunswick strongly prioritizes your physical safety. Whether you live in Fredericton, Moncton, or a rural community, the law strictly prohibits you from serving the papers yourself if you are the applicant. There are several secure, legally approved methods to ensure the respondent receives the documents without putting you at risk.
Step-by-Step Process in New Brunswick
Choosing the right method depends on your budget and whether you know where your ex-partner currently lives or works. 📍
Step 1: Hire a Professional Process Server
The safest and most reliable method is to hire a professional. Process servers are trained individuals who locate the respondent and hand-deliver the legal documents. They know how to handle hostile or evasive people. Once the papers are delivered, the process server will fill out an Affidavit of Service, which you then file with the Court of King’s Bench to prove the job was done.
Step 2: Ask a Trusted Third Party
If you cannot afford a professional, any adult (19 years or older) who is not involved in the case can serve the documents for you. 👥 This could be a friend, family member, or co-worker. However, you should only use this option if you are absolutely certain the third party will be safe. They must personally hand the documents to the abuser and then swear an Affidavit of Service in front of a Commissioner of Oaths.
Step 3: Apply for Substituted Service
If your abuser is hiding or avoiding the process server, you are not out of options. You can file a motion with the Court of King’s Bench asking for “substituted service.” If the judge agrees, they will issue a court order allowing you to serve the papers in an alternative way. This could include sending them via email, a direct message on social media, or leaving them with a relative of the abuser.
How Much Does it Cost in New Brunswick?
Keeping yourself safe during this process does involve some costs, though assistance is available for low-income individuals. 💰
- Professional Process Server: Hiring a private server in New Brunswick typically costs between $75 and $200 CAD, depending on how much driving is required.
- Court Fees for Substituted Service: Filing a motion for substituted service at the courthouse usually carries a standard fee of around $75 CAD.
- Affidavit Swearing: Having a document notarized or sworn by a Commissioner of Oaths generally costs between $20 and $50 CAD, though court staff may do it for free.
How Long Does the Process Take?
Timelines vary depending on how easy it is to locate the other party. ⌚
| Service Method | Average Timeline |
|---|---|
| Professional Process Server | 1 to 7 days, depending on availability |
| Substituted Service Motion | 2 to 4 weeks to get a judge’s approval |
| Electronic Service (Once Approved) | Immediate, once the message is sent |
Frequently Asked Questions (FAQ)
Can the police serve the family court papers for me?
Generally, no. The RCMP and local municipal police forces in New Brunswick view family court documents as a civil matter and will not serve them. However, they will enforce criminal peace bonds or emergency intervention orders.
What happens if they refuse to take the papers from the process server?
If the respondent refuses to physically take the documents, the process server can simply drop the papers at their feet and walk away. As long as the server verbally explained what the documents were, the court considers them officially served.
Do I have to include my new home address on the court forms?
No. If you are fleeing violence, you can usually use an alternative address for service, such as your lawyer’s office, or ask the court to keep your address confidential so your abuser cannot find you.
What is an Affidavit of Service?
An Affidavit of Service is a sworn legal document signed by the person who delivered the papers. It proves to the judge exactly who, when, and where the documents were given to the respondent.
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