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You don't need an invitation to submit a position statement.
Unless you have specifically been told NOT to submit one, go ahead and do so on the morning of the hearing.
As it's a final hearing you should have a position statement submitted if any change since the previous ones, or like i did, submitted an addendum to the position statement which said "to be read in condjuction with original position statement dated xx-xx-xxxx" include a copy to the back of this addendum unless it's already in the hearing bundle in which case reference what page numbers it's at.
I have never received a bundle from the courts since I first started the case one year ago.
But that's good to know. I've never been told I can't submit a position statement - I don't understand why, as the next hearing is a final hearing, that I haven't been asked for one.
With regards to the hearing bundle, they are usually created by the Applicant or Applicant’s Solicitor if represented. Unless you’re lucky enough to get the judge to get the respondents legal team to do it or if the child has been awarded a 16.4 Guardian and solicitor.
As you are saying it’s a final hearing i'm fairly certain that there should have been a bundle listed to be created / submitted and for you and the ex’s teams to agree on the content to be included etc…
Protocol is for the represented party to provide and maintain the bundle.
If you've not been issued a copy, you may have grounds to adjourn to allow you to examine the bundle AND then produce a position statement pointing to specific places in the bundle - for example where you can prove inconsistencies or inaccuracies within any statements or reports contained within.
https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_27a
My ex lost legal aid due to her being found out to have lied about DV she has since then used solicitors to prepare here statements and prepare arguments to counter my statements, her solicitors are not actually on record as acting for her they only attend the hearings and speak on her behalf and because of that I’ve ended up doing the bundles for hearings for the last 5yrs.
The last hearing bundle was a little over 450pages (agreed in advance by judge to accept over 350pages limit), previous ones have been around the 300-350page mark.
All at considerable expense to me, having to create 4 bundles each time, 1 for Judge, 1 for her, 1 for me and 1 for CAFCASS (a 5th if there had been a witness copy required).
Not sure what i’d have done if i’d not been able to use the works photocopier / scanner. All with my own bought paper though otherwise that would have been taking the pee a bit.
You would think that it could all be done electronically these days on a USB stick.
I have a case where this is the case - a comprehensive PDF bundle is being used.
Makes so much sense, needs to be adopted all round.
Thanks Justdad
@dad-i-dad - might be worth asking the court if they will accept this, you never know.
@actd now there is a guardian and solicitor for (child) they have to do them so I've a bit less to worry about.
However, the guardian's solicitor sent me copies of what they spending to psychologists in electronic format (pdf).
All thrynhave done is scan in the bundle I'd prepared for the last hearing and a couple of other docs sent to them for inclusion in submission for the psychologist.
I'm guessing when it comes to pre-trial hearing in dec before final hearing in Jan that they'll send me electronic bundle, I assume then I'm allowed to take my laptop or tablet in to court then, otherwise I'll have a lot of printing and binding to do again.
Plan ahead and get clarification that you will be able to do that... im sure you're already on it though!
Mojo, i'm starting to think you know me too well lol....
I'm always trying to think two steps ahead ;;)
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