Court Authorizes Service by Publication for Overseas Defendant; Flags Limits on Termination of Parental Rights

A Dixon County judge granted a plaintiff’s motion for alternate service by publication after counsel said the defendant could not be located in Indonesia and that the country is not a signatory to the Hague Service Convention.

Pooja Berry, appearing for plaintiff Candace Reid, told the court her client had been unable to ascertain a deliverable address for the defendant, identified in court as a resident of Indonesia; counsel asked the court to dispense with personal service and permit service by publication once a week for four consecutive weeks. Counsel described difficulty locating the defendant and said electronic service was not authorized under Tennessee law in the situation described.

The judge granted the motion for alternate service by publication. In the course of ruling, the judge cautioned counsel that, based on the court’s review of the file, annulment might be a more appropriate remedy than divorce in this posture, and that the court would be unlikely, without a different proceeding or additional proof, to terminate parental rights in a case where no one is standing in to assume parental responsibility.

The order authorizing publication was entered on the docket; counsel was advised how to proceed with the publication affidavit and to continue the case as necessary.