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Hi all, does anyone have any guidance about writing a statement ?
I've got the final hearing in September but have to get a statement in by May 14th - Whilst there is alot of mud to throw Ive been advised (and intended to anyway) to just focus on why the children would benefit having more time with me.
The ex is moving away (about 40 mins away from where she is now) and the children wil be changing schools, - Ive asked for 7 nights from every 14 which shes contested saying they are fine in their current routne (although I argue that the routine has changed a few times since our split 2.5 years ago.
The legal adviser at the court said he would send me some guidance notes about writing a statement but I havent had them - he also said the best statements are short and concise
The kick in the gut was that my application for shared residence was likely to fail if the ex wouldnt cooperate - and given shes spat her dummy out over me taking her to court and wont talk to me at all anymore or give me any extra time (unless it suits her to go out) im a bit deflated as it seems totally unfair that I cant get access because the ex is acting like a spoiled brat
Hopefully, others with more recent experience will help out here, but have you read the sticky topics at the top of the legal eagle section?
Here a link that provides guidance for writing a statement. As the legal adviser said, it's better to cut to the chase and be concise. Don't cloud the really important issues with too much detail.
www.thecustodyminefield.com/flapp/statement.html
Much appreciated 🙂 thank you
One more conundrum - Im asking for 7 nights out of every 14 but am willing to accept an ateration of our current arrangement which currently is Monday – dinner 5-7pm, Wednesday overnight stay and every other weekend Friday 5pm – Sunday 5pm
To Every other weekend -Friday Sat Sun O Night then the next week I have them Monday - Wednesday Onight
do you think being this indecisive (Im not sure the judge will go for 7 out of 14 so thats why I came up with plan B - just dilutes my argument completely ?
Hi there,
I've recently had to submit a statement for a final hearing.
It really varies from case to case as to the content of your statement - but generally they will follow the same pattern. Basically this statement is your evidence and you will rely on it in direct examination if you have a barrister. Then you will be cross examined on it by the other sides barrister.
The judge of course would hopefully have read it too before the hearing, so he/she will know what they are dealing with
In my case, my statement followed this format:
Brief history: where I summarised the previous court hearings and orders. The relationship with my ex i.e. engaged, 1 child, when we split up. Also the pattern of contact I have with my son to date.
Allegations: My ex was making a lot, and I mean a lot of allegations, relating to specific time and dates in our relationship. However, she had lied, exaggerated and embellished these events to make me look bad. So I was advised that rather than issue a blanket denial, I should give my side of the story. Thankfully I have hard evidence to prove many of her allegations are false - hence why I have mentioned it all. At least that way I can show the judge, and if necessary can talk about my evidence in court.
Current situation: This section talks about the contact I have with my son, how it has progressed, how it has benefited him, and what I would be looking for in the future.
Request to the court: This just details the order I would like the court to make.
So although my statement is full of a lot of detail on the surface, it is 100% relevant to the situation.
I think as long as what you write is child focused, remains to the point, and is not hostile towards the ex, you have a good statement. No one can tell you exactly what to write, because like I say each case is different - some have an ex making allegations, others don't.
I can't recall seeing anything in your post about allegations, so perhaps your statement will end up being a lot shorter than most.
Simon.
Thank you for that - no mine is more because im being pushed out alot more - my ex has a new partner and since he arrived my contact is slowly being eroded - birthdays and Christmases which we agree to talk about ended up being dictated to, I didnt know what else to do as she stopped talking to me or negotiating so took this route
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