[Solved] final hearing positions statement HELP!!

Hi there

That seems to cover what is needed, as long as you have kept it child focused and stuck to the facts and have used the correct template...with numbered paragraphs, the correct font and spacing etc.

Best of luck for next week.

thanks

I have the paragraphs numbered
Its not a problem it going onto 4 pages is it? i just didnt want to miss anything and everything is relevant to case with reasons or even making reference to either the police report/section 7 report or contact reports.

just to confirm
its times new roman
size 12 font (can i get away with 11)
and 1.5mm line spacing

Four pages is perfectly acceptable, ... I personally would stick to size 12 font, even if it extends your statement to five pages, that still wouldn't be a problem.

just received a copy of the respondents statement

my statement contained a proposal for increased contact stating that it is in my sons best interest in terms of his educational needs that he lives with me because the respondent does not speak or write english and does not have a formal uk education, this will limit her capacity to meet childs educational needs. Also i made various references to her lying and deliberatley stalling contact.

she stated to the social worker section 7 report that she is taking ESOL classes (english for speakers of other languages) and now is stating in statement that she plans to take these classes when my son starts part time nursery so clearly contradicted herself and lied.

Also she is living in temporary accomodation (refuge) which is not good either.

Failing that, i suggested that if the court doesnt agree for my son to live with me then a shared care order where he spends 3.5 days with each parent is also in his best interest but the court order state i play an active part in his educational needs and have feedback/involvement regarding his medical/health car

the respondents statement now reveals that she is only only agreeing to keep the current contact i,e saturday overnight and only increase it by 6 hours so i drop him off at a later time on sunday.
Then when he attends nursery in sept 2017 she wants to reduce this to alternate weekend contact. so she would get him during week every week and i will only get him 2 weekends a month.
(she is obviously motivated by getting as much child maintenance as possible.)

she has alleged that i have been aggressive and critical of her at pick up and drop offs.

She has not given any justified reason for not accepting my proposal other than she is primary carer, and that increased time with me would cause me to influence my son to misbehave when hes with her and that i would eventually turn him against her,
She also lied in her statement saying i work 17 hours a day when i work 8....I did send a copy of my monthly shift rota to court to prove this. proving i am free friday afternoon to monday afternoon.

and she wants pickup and drop of to move from the current location (1 mile from her 8 miles travel for me) to a corner shop which is 20 yards from her house. (i suggested a midway location which is almost midpoint)
obviously theres no agreement from me to this.

what are your views, how will this progress at final hearing?

Hi there

your statements and points sound solid....unfortunately, nobody can guess what an individual judge will decide if they cannot get the parties to agree, they are all different. The decision on handovers will usually come down to what is best for the child, eg who has a car etc and be made on that basis. In terms of the contact, it's anyone's guess to be honest. Without seeing all the paperwork and knowing what your judge is like, it's really impossible and unfair for any of us to say what might happen. I've seen the same judge give very different decisions on similar situations.

Good luck with your hearing, please let us know if we can offer any further assistance and keep us updated. Best wishes.

ok thanks yoda

The respondent does not have any evidence against me whatsoever
All she states (via interpreter) is hes been aggressive at handovers, hes threatened me, hes undermined my care of our son etc...no proof because its all lies. all usual [censored] hes done this hes done that....

In one breath she states shes been emotionally abused and ive threatened to kill her in another breath she states to social worker that she would be willing to get back with me if i moved out and live alone....so wheres the fear.gone..
would anyone want to get back with or even live alone with someone thats abused them or threatened to kill them ...lol I know I wouldnt!
Obviously the police didnt take it seriously as they marked it as no further action within 1 hour of her interview.

The evidence collected so far only proves her allegations were false
i.e the police report...she admits to calling the police because she wanted a house and thought they would give her one.

The positive contact reports....show me bonding well with my son proving her allegations that i am unable/unexperienced to care for him again to be false.

The section 7 report based on the welfare check list...identifies my home as comfortable/safe/secure and with plenty of space and also mentions that she doesnt speak english therefore backing up my statement of her not being able to meet childs educational needs.
Section 7 report, he only recommends that there shouldnt be any major change in our childs residence currently as he has already been through a lot and also states that my skills as a father go as far as parent who works full time.but raises no concerns
He recommended mediation but that didnt happen as it was a step backwords.

All shes got is statements and allegations non of which are backed with proof so far. so much so that the judge didnt even order a fact finding hearing.

So if and i hope that the judge reads /re caps everything he will see that shes got nothing going for her, other than maternal bond and she has been primary carer in these proceedings but that was because she took him away from me and i didnt see him for 18 weeks! so I had no choice.

only thing obstructing my time/custody is that my work is shift based 2 week rotation 37 hours a week. i included a months rota as part of the position statement as well as 2016 annul leave calender so that will help the judge

I wanted to mention to you guys that her positions statement was 2 working days late (due on a friday) but i got it emailed on a tuesday (signed on the day aswell) so it probably didnt reach court till thurday .
They did this as the repondents solicitors were obviously waiting for mine so they could read it and contest everything i put pretty much
Will the judge still accept it even though its late and past the time/date stated on order??

Yes, the court generally accepts late statements, some judges will state their annoyance at the hearing, some won't.