The applicant mother brought a motion to proceed to an uncontested trial for sole custody of the parties' child, asserting that the respondent father, who resides in Turkey, had been properly served with the Amended Application under the Hague Service Convention.
The court found that while the father was personally served with the Amended Application, he had not been served with the mandatory Form 35.1 Affidavit in Support of Custody or Access Claim.
The court tentatively concluded that the failure to serve the Form 35.1 Affidavit meant service was incomplete, and ordered the applicant to either make further submissions on the issue or re-serve all required documents in compliance with the Convention.
