[Solved] First Hearing Tuesday

Hi There,
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I have never done a statement and not sure what needs to be included, I am also about to go out so wouldn't be back until late this afternoon, I would happily read through it for you but I'm not the most experienced.
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GTTS

Thanks GTTS. Have sent a PM.

Is there a reason why you're posting it in? You can take it with you to the hearing and ask for it to be given to the judge/court adviser. You will also need to have a couple of copies to hand to give to CAFCASS and the other party, plus a copy for your own records.

I'll also take a look at it, but I'm busy until this evening.

For the purpose of giving it to the respondent. I'm not likely to see them until the hearing so the only way to get it there prior to Tuesday is by posting it. I was told they need to have it ahead of time?

PM also sent to you, thanks Mojo.

Yes you can hand out the statements on arrival at the hearing....it's ok to do that.

Who's telling you that they have to have it ahead of time...I bet it's her legal representatives.

I read it somewhere online, I believe. Something about it looking bad if you drop your position statement on their lap at the last minute? In truth I've been scouring the internet for all of this sort of info, so it could have been on any of a number of sites.

If you're certain it's not bad sportsmanship to not hand it in until beforehand, I'm fine with that.

hi, good luck

the first hearing is a directions hearing where the judge may make certain 'directions' based on the cafcass report'

you may be approached by the other sides legal representatives while waiting to discuss issues, if you are able to come to an agreement outside the room in which case a court order could be made but if there is no agreement then the judge follows the cafcass recommendations for the next hearing and may ask for certain further evidence such as police reports if applicable, or for cafcass /childrens services to do more in depth enquiries such as a section 7 report.

i submitted a statement in my initial application as the barrister typed it up for me. my c100 form was hand written so wasnt very easy to read so the statement just clearly outlined basics.
my format was whats happed previously, any previous arrangements with contact and the issues that have led to court. ,
second part could be where you are now or if you havent seen your children state since when. and what you ask of the court.

depending on the case, you could ask for interim contact , i was awarded supervised contact at my first hearing (adjourned after the very first when she didnt show). or the judge could order a fact finding hearing.

i would say though try to keep to concise and to the point. and factual statements as the judge wont care about "he said" "she said". show that you want regular consistent and frequent contact and reach amicable solution for both parties with the help of the court.

you can pm me a copy to read over if you want but im no legal expert. just been through system. blank out any confidential info if you need to.

I'm certain, It's not obligatory, you haven't been asked to file one, its purely to help the court understand your position, it should be no longer than 2 A4 pages long and in the proper format.... here's some info about structure of the PS

http://www.thecustodyminefield.com/flapp/positionstatements.html

Hand it over as soon as you arrive, you should be getting there a good hour before your hearing time.

I read it somewhere online, I believe. Something about it looking bad if you drop your position statement on their lap at the last minute? In truth I've been scouring the internet for all of this sort of info, so it could have been on any of a number of sites.

If you're certain it's not bad sportsmanship to not hand it in until beforehand, I'm fine with that.

Mojo's advice is correct. For a "solicitor" whose professional life is dealing with Courts, etc, it is considered "polite" to do such things - but very often even solicitors will not follow this procedure - so as to not give away "bargaining power" (I know it seems horrid saying things in these terms - but ultimately that it what it is).

I am 100% certain you do not need to send the respondent your position statement days in advance via post. All they will do is take it to their solicitor (if they have one) and craft a position statement that "contradicts" yours. As the judge/magistrate will only look at position statements just prior to you going in (probably) he/she will not know your ex had your position statement days in advance, etc.

As mojo says - you should get to Court early - take 4 copies of your position statement - and tell the Court usher what you have (a position statement for the judge and the other party). This should really be a "swap" of position statements, by the way. The main point is that the judges get to see it prior to you going in.

Happy to look over it too - I have experience in writing them.
hope helps