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Hi all.
I know this may have been covered before but I am after some help in writing a position statement. Thought there would have been a sticky on this for those that are S.R
Hi Jaylee
This link might help;
http://www.thecustodyminefield.com/flapp/positionstatements.html
if the link doesn't take you to the template, google Custody Minefield Position Statement Template.
Is your statement for a Directions Hearing? If so, it should be short (1-2) pages, provide a little bit of background, what it is you would like the court to decide and why. Keep it child focused and to the point. Take 3 copies with you to the hearing, one for the court, one for your ex and one for you.
Good luck and feel free to ask for more specifics, sure you will get lots of replies 🙂
Just to add to this, the Court asked for a 4th copy when I went with a C100. Seemed to be a new thing, might be worth taking a spare?
I have already filed my c100 with the court and have been given a date for the 1st hearing. So ideally I need to get this written ASAP so I can send it to the court before my case gets heard? The idea of having an interim contact sounds very good as I know this will become a long drawn out process as my ex hasn't cooperated so far in anything from my emails or letters.
I am wary of CAFCASS thou as reading on here they seem to side with the Residential parent and looks like I will have to smile and basically lie to them to get anywhere. I mean how can they ask the question do you think your ex is a good parent?? Well how can they be if they are stopping their paternal father from seeing the children? So I have to answer yes she is which is [censored] solely because I don't want to seem bitter about it and get them onside even thou that answer makes it seem like I am not bothered about a relationship with my children.
Hi Jaylee,
I only mentioned about the C100 as that used to be 3 copies they wanted at Court, now they want 4 so was wondering if it was the same for the statement.
As for Cafcass, I know Slim has said a lot about Cafcass and he seems to have had some success with his approach but surely that can't work with all officers?
Mate I got slated by cafcass on every occasion they are truly shocking it was the courts who were blew away by my position statement and my bundle, I didn't actually need a position statement, you should wait until the court ask for one, I bowled in there to the review hearing with a perfect position statement and 5 copies of my court bundle and the judge laughed and said your supposed to produce then for the contested hearing they are not needed now but they were that interested they took them anyway, thing is the courts love things written down for some reason they handed it all back at the end of the hearing and said produce them when we request them lol 🙂
As for cafcass they will probs telephone interview you for a s2 then interview you in person for an s7 I'm just trying to finish this how to deal with cafcass guide but I keep just slagging them off lol 🙂
Slim 🙂
What seems strange is cafcass haven't rung me yet and it's 3 weeks till my 1st hearing. My court papers say I have to attend an hour earlier to see a cafcass officer so would this be for an s2 or a s7? Do you think I should ring them tomorrow and see what they doing or will this not be a good idea?
Is Simon his user name? If not do u have it?
Thank u
The reason they want to see you an hour before the hearing is in the hope that they can get you both to come to some agreement. They may phone you to do an interview, thats if they have been asked by the court to do a schedule 2 report. You would have received notification of this when they returned the court papers to you. Otherwise a report could be asked for by the court at the first hearing.
As there has been no attempt at mediation they may send you both away to attend court ordered mediation. However, if she starts making allegations of any kind then they may not do this.
There are members that have had a bad experience with CAFCASS, but there are some good ones too, so I think it's better to keep and open mind.
As Slim has said, I wouldn't advise sending your position statement in until asked to by the court. It is a good idea to have a brief statement prepared....preparation is key!
As far as interim contact is concerned, if you haven't requested it in the C100 form then they may not allow it to be discussed... It's my feeling that as you haven't seen your kids for quite a while, the court may want a section 7 report done before granting contact...courts will usually err on the side of caution. Your kids are old enough to be asked what their wishes and feelings are and this could form part of the report.
Again, if your ex makes allegations of any kind, the court may want to look into it....if there's no proof on any allegations though the court will often ignore it...but again the way your case will go will be largely governed by the judge on the day....fingers crossed you get a good one.
I applied for mediation and attended my initial meeting with them, they tried to contact to her to no avail I have the email from the mediator to state that she hasn't responded and even double checked the phone number and address for her as well. Hopefully that's one thing that works in my favour. I am expecting allegations as this is the one thing I haven't had as of yet but will be used as another weapon for her against me. None of which will be able to prove once she has made them I will ask for a finding of fact hearing in order to disprove her allegations of whatever she throws at them/me.
I knew my son was old enough but was unsure about my daughter as she is 7 but I do feel that there is PA going on so I'm not holding up much hope of this.
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