If your ex-partner asks the Family Court for a Separation Order without you, you’ll be given the documents they filed with the court.
You can decide to let the Separation Order go through, or you can ask the court not to grant the Separation Order. This is called defending the application.
You have a set time to ask the Family Court to not make the Separation Order.
The set time is usually:
You may want to get legal advice to help you. You may be able to get:
If you don’t respond once you have been served, the judge can make a Separation Order without hearing what you think.
If it’s made, the court will send you copies of the Separation Order.
You can ask the court not to make the Separation Order. There’s no fee.
If you ask the court not to make the Separation Order, then there will be a defended hearing with a Family Court judge. The judge will hear what both of you think and decide if they should make the Separation Order.
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