My D8 was returned - saying I need a D11

Help - I don''t get it!

I delivered the D8 to court on Monday and had it returned by post today with a D11 saying: "if you wish to serve the Respondent at a c/o address, you will have to apply on notice on form D11, which incurs a fee of £50.00"

On the D8, I put the Respondent''s work address, as he''s moved out of our house and doesn''t have a home address. I didn''t write c/o before the work address though.

Can I just file another D8, but put down our home address? Then he will just pick it up with his post when he next comes to collect the kids? He''s not lived here for almost 6 months.

Or do I now HAVE to complete the D11 as they''ve already seen the D8?

He knows it''s coming, as he approved the draft petition

Help!
Thanks
LM

A lot of courts have a tick box check where a court clerk ensures that the obvious details are correct. If not, the Petition is sent back. This is different from a petition that is wrong and needs to be amended.

Does the petition have a court number allocated to it or is that information blank?

If it is blank you can prepare a new version of the petition as you suggest with the different address.

However, if your spouse has not lived at the property you had better hope that he acknowledges the petition otherwise you will have to have the petition personally served or amend the petition with a care of address which will cost two court fees.

Charles

Thanks Charles. There is no case number written in the box titled To Be completed by the Court.
But the form has been stamped as Received by the court and in handwriting underneath is an 8-digit number. That is all.
So, to clarify, does this mean I can just send again with our home address on it?
He knows it''s coming and approved the draft. It''s now over 6 months since he moved out - does this make a difference?
Thanks again.

It''s difficult to know what the court staff will do if you amend the form - they might say you have to pay an amendment fee or not.

Your best bet would be to send an amended version stating that you do not wish to use a care of address and that you have already paid the court fee.

They usually require evidence by way of the purple imprint on the Petition as they slide the document into a machine which prints the receipt directly on to the petition or, which seems the case, they hand-write the receipt number onto the Petition.

There is still an issue if your spouse does not acknowledge the petition but if he does, all will be well.

Charles