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ADVICE PLEASE - new...
 
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[Solved] ADVICE PLEASE - new court hearing

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Posts: 8551
 Mojo
Registered
(@Mojo)
Illustrious Member
Joined: 12 years ago

I can’t add much to what the guys have said, but I do think the fact that your oldest has been doing the trip with no issues for so long, strengthens your argument. Their routine has been set for a long time and if you make your case as you have here, you are in with a chance.

At the first hearing you will both be encouraged to come to some agreement, this isn’t compulsory So don’t feel pressured into agreeing.

I would make the case that you had no warning of the court case, you weren’t approached by your ex for mediation, and there have been absolutely no issues with the trip back and forth, nothing has changed since the original order was made and the children would be negatively impacted if their time was limited.

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Posts: 9
Registered
Topic starter
(@two_mimmits)
Active Member
Joined: 6 years ago

Thanks everyone for responding. It feels nice to have somewhere to say these things and doubly reassuring that no one has yet said "oh man you're screwed and your case doesn't stack up"!

Any guidance on what should be in a position statement? How long?

Thanks again

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Posts: 1306
Registered
(@dad-i-d)
Noble Member
Joined: 14 years ago

3-4 pages max (if you can keep it below)

pretty much as has been said previously, keep it focussed on what the current arrangement has been going and for how long and that it's in the best interests of the kids that it remains as they are in the routine and as Mojo has said that your ex hasn't approached you or asked for mediation etc... (if that's the case).

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Posts: 9
Registered
Topic starter
(@two_mimmits)
Active Member
Joined: 6 years ago

One last quick question as I have the FDHRA soon. I have written a position statement. Do I need to provide this to the other side/the court in advance, or just turn up with it on the day just in case? I have three copies ready should I need it, just not sure on the protocol.

Thanks

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Posts: 2
Registered
(@carlmeyer)
New Member
Joined: 6 years ago

My best advice is to take everything with you. Best to be over-prepared than under.

Best of luck to you though!

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