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Court, police no longer responsible for serving court orders

- New court arrangement seems to put single mothers, victims @ disadvantage as women who don’t have money to begin with now will have to find cash to pay to have documents served
From Tuesday, December 1, 2015 persons applying at the Magistrate’s Court for orders under Part V of the Magistrate’s Code of Procedure Amendment Act, 2014, will be responsible for arranging the service of their applications on the opposing party. This is according to a press release from the Government Information Service (GIS) recently. However some people believe that such a decision would place victims of abuse and single mothers seeking child support at a disadvantage. Photo: GIS
Speaking with this news site yesterday November 19, 2015, Executive Director of Family Support Network (FSN) Dr Sylvia M. Simmonds said that the new measures are likely to translate into further hardship for abused women who will now have to foot the bill for serving the papers to their abusive partners. Photo: VINO
Speaking with this news site yesterday November 19, 2015, Executive Director of Family Support Network (FSN) Dr Sylvia M. Simmonds said that the new measures are likely to translate into further hardship for abused women who will now have to foot the bill for serving the papers to their abusive partners. Photo: VINO
Radio commentator and talk show host Donald E. De Castro said while he does not know the reason behind the decision, he knows that it costs the Government a lot of money to serve papers on persons, whether in domestic or civil matters. Photo: VINO/File
Radio commentator and talk show host Donald E. De Castro said while he does not know the reason behind the decision, he knows that it costs the Government a lot of money to serve papers on persons, whether in domestic or civil matters. Photo: VINO/File
ROAD TOWN, Tortola, VI – From Tuesday, December 1, 2015 persons applying at the Magistrate’s Court for orders under Part V of the Magistrate’s Code of Procedure Amendment Act, 2014, will be responsible for arranging the service of their applications on the opposing party.

This is according to a press release from the Government Information Service (GIS) on November18, 2015. However, some people believe that such a decision would place victims of abuse and single mothers seeking child or spousal support at a disadvantage.

According to the release, the arrangement of service must be executed independent of the court, and the officers of the Royal Virgin Islands Police Force who are assigned as court security officers.

“This includes orders for the maintenance of children and spouses, and judicial separation,” it said.

It said that applications, once filed at the court, will be processed internally and available within two business days for collection by the litigant, or their agent. “Service can thereafter be effected by an independent process server, on the opposing party.”

The release said the change in policy will facilitate respondents, to these applications, being brought before the court in a timely manner as the onus is placed on litigants to undertake prompt service on the opposing party.

“It will also alleviate demands on the limited resources of the court, including the police resources,” it said.

It could be a dilemma

Speaking with this news site yesterday November 19, 2015, Executive Director of Family Support Network (FSN) Dr Sylvia M. Simmonds said that the new measures are likely to translate into further hardship for abused women and single mothers who will now have to foot the bill for serving the papers to their abusive partners.

“When I read the release I am concerned about when there is an order for the maintenance of children or spouse, I look at the kids and I see where it could be a dilemma for their mothers because they would now have to find the monies to give to the people who have to serve the other parties,” she said.

“For us that would be a concern because if you don’t have money in the beginning or waiting on money to take care of their children then where do they get the money to pay this person now to serve these papers?” she said.

Dr Simmonds said she failed to understand the logic behind the decision saying that it looks to her like it is because of fiscal matters that the court is now putting the responsibility back in the hands of the litigants.

“It is hard to understand why the procedure was put in place and whether it was understood the impact it would have on the victim,” said Dr Simmonds.

She said child maintenance is always an issue for mothers. “Either they are waiting in monies to be paid at the court or they have to put an application in, and if they have to put an application in it means that they now have to find some extra money to get the person to pay in court,” she said.

Concerned with its practicality

Radio commentator and talk show host Donald E. De Castro said while he does not know the reason behind the decision, he knows that it costs the Government a lot of money to serve papers on persons, whether in domestic or civil matters.

He said that while this could be a money saving move on behalf of the judicial system he believes that there are many other avenues that they could take to cut back on expenses “rather than put it on the poor people.”

Further, he said that while he has no problem with the concept it is its practicality that he is worried about.

“These women are not getting their child support so where are they now going to find money to pay a server?” he asked.

17 Responses to “Court, police no longer responsible for serving court orders”

  • just asking... (20/11/2015, 10:28) Like (18) Dislike (6) Reply
    Where is the 90 million the premier said he had in the bank?
  • Jerry (20/11/2015, 10:45) Like (2) Dislike (0) Reply
    They are saying you is on your own as the phrase that just suit you all follow them now and blog .
  • stop tek pipe from uncertified plumbers (20/11/2015, 11:50) Like (0) Dislike (7) Reply
    if the people would take the time to find suitable human beings to coexist with, then this wont be an issue. seeing this is a woman's only issue. @ FSN comment
  • rattie (20/11/2015, 13:56) Like (1) Dislike (0) Reply
    This is so sad!
  • W*F (20/11/2015, 14:15) Like (3) Dislike (0) Reply
    Exactly what are police officers responsible for? Some body please tell us poor disadvantaged citizens what the police is responsible for in this territory.
    • Real Tool (20/11/2015, 15:02) Like (5) Dislike (2) Reply
      When you out there getting children for Tom dick and Harry the police was there
      • Kim (21/11/2015, 10:35) Like (1) Dislike (0) Reply
        you sound supid are you a cop things can happen to the best of us sometimes you fall out of love and the sad thing is you stop take care of the kids(man/woman). the poor will remaim poor in the bvi
  • Online Now (21/11/2015, 06:57) Like (1) Dislike (0) Reply
    just more ways for poor people to suffer
  • xtra stress (21/11/2015, 07:11) Like (1) Dislike (0) Reply
    So. Somebody tell me. What consequences are there if the complainant's decide not to serve..?..Without a consequence I can see people seeing this as an extra stress, they won't even bother go to the Police. They will just take the bad treatments or take matters in their own hands..
  • lord o. (21/11/2015, 07:16) Like (0) Dislike (0) Reply
    How is easy and sensible it would be to have in child support cases to have the complainant.. The defendant and his boss meet with the court in chamber with just a phone call and decide how much he would pay and have the boss take it from his salary Just a few phone calls. Will make things right.. Make the Daxmmn law
  • Lord O.. (21/11/2015, 07:31) Like (2) Dislike (0) Reply
    Police getting big salary and lots of privileges.. Hard working nurses under appreciated can't even get residents status no matter how long they served.. Why Police get automatic belonger status.. Let the police serve the blooxxdy papers.. Please..we are just putting victims at risk, suppose one get kill while serving.. Hmmm. Men flip when they hear about court. Trust me
  • Bullfoot (22/11/2015, 12:12) Like (1) Dislike (0) Reply
    What is this dog and pony show going on here!?
  • pat (22/11/2015, 12:15) Like (0) Dislike (0) Reply
    This is what we voted into office, a dumb null skull.
  • tola. (23/11/2015, 16:10) Like (0) Dislike (0) Reply
    The court needs a marshal. That is the duty of a marshal to serve summons etc.


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