Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hi guys first post here and just after some advice with regards to a court bundle.
I am a LIP and have received the court bundle from the respondent.
At the first hearing the judge ordered a final hearing and for us both to send each other ' detailed narrative statements and proposals for contact' these were completed and i have now received the index for bundle hearing dated 10th march .
What has me worried is the index states at section A.
A. Preliminary Documents
Respondent's case summary and chronology
respondents position statements
My concerns are as follows.
With it being my application should i not be the one presenting a case summary before the magistrates?
I believe the court have a full understanding of all the issues and facts and only the ' quantum of time time child is to spend with both parents' is what is being discussed at this hearing .
My initial application and c100 statment outlines my case clearly as do the further statements we have both been ordered to file her lengthy 42 paragraph statement basically slagging me off says it all really so what else does she feel she needs to add ?
Can she file a position statement when she has allready filed the statement the court has ordered?
hope that all makes sense
I have self represented throughout this case and have taken some excellent advice from this website less than 2 weeks till hearing so just want to make sure her solicitor is not trying to shaft me .
If anyone can offer me some advice that would be greatly appreciated my initial thoughts are disagreeing with the documents being filed as the court clearly knows the issues , how do i go about this ?
thanks in advance.
hopefully, someone with more specific knowledge will be along to help this weekend, so keep checking back.
As this is the final hearing the other party's solicitor has sent the index for your approval, I would suggest you contact them and clarify that no statements are included in the bundle that haven't been sent to you and filed with the court first.
Generally if a party wishes to file additional material that hasn't been asked for by the judge, they would have to write to the court and ask permission to file it.
You will need to work on your closing statement/summary it doesn't have to be long, a short paragraph or two summing up what you would like the court to do and why.
Don't forget, at the final hearing you should get the opportunity to cross examine your ex and CAFCASS if they are in attendance, so it might be useful to put some questions together in preparation.
I spoke with her solicitor yesterday and said i believe any summary included in the bundle should be neutral and asked to see copy of this.
She was very condescending and basically laughed at me and said ' dont tell me how to do my job ' and said she would not disclose this summary to me. I then emailed stating my reasons for disagreement.
So where do i stand now if she includes this in the bundle?
Court has not asked for anymore statements in the order
I don't think the closing statement/summary is something that has to be shared before the final hearing, just the position /witness statements. Sorry if I wasn't clear in my post last night.
Give Coram a call and have a chat about your preparation, here's a link
Hi
Mojo is correct, you don't send each other your summaries or closing statements.
To give you an idea, a bundle index should look something like this (there are no hard and fast rules on how the index should be);
Preliminary Documents
eg these could include; Statement of Issues, Chronology, Skeleton Argument
Applications & Orders
copies of any applications, notice of hearings & orders made during proceedings.
Statements
copies of both parties statements to date
CAFCASS
copies of the S2 safeguarding letter and any other reports undertaken
Correspondence
copies of any relevant correspondence between the parties or any other person
Miscellaneous
That's just a rough idea. Also, you will be expected to compile and paginate your own copy for the hearing from the index provided. The other party will provide a copy for the judge, one for the witness stand and one for themselves.
Most orders state that there is no permission to submit further statements, if either party produces a short position statement for the final hearing, this is usually accepted. If you have anything substantial to add to proceedings in writing you will have to seek permission from the court.
Good luck
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.