Serving docs
For those who have dealt with serving a HC BM/BD…
BM filed for a custody modification due to “changed circumstances” on her end. My SO filed his response, and mediation happened last month. During mediation, a LOT got brought up that she clearly didn’t expect him to address, especially issues with co-parenting, communication problems, and setting firmer boundaries in writing.
Now suddenly she’s dodging service of his response.
She tried claiming he never served her, which isn’t true. The paperwork was attempted 3 times by certified mail. We have tracking numbers and records showing delivery attempts kept getting rescheduled because she either missed them or didn’t pick them up. She even accidentally admitted she knew there was a notice in her mailbox but “didn’t want to go to the post office because she didn’t know who it was from.”
Fast forward, court is in a week and a half, the packet finally got returned to my SO, and now we’re having a friend personally serve her since she doesn’t know him.
My question is: if she continues dodging service, what happens? Obviously we’ll keep trying, but at what point does the court recognize that someone is intentionally avoiding being served?
Can she actually use this against us somehow if we’ve documented all the attempts? We’ve never had to personally serve her before, so this whole thing feels bizarre considering SHE was the one who originally filed.