Court, police no longer responsible for serving court orders
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.
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