[Solved] Position statement

What NJ has said is spot on mate I got a phone call 2 weeks before the hearing then Cafcass tried to get us to come to an agreement but my ex wouldn't be in the same room as me try not to worry about it to much have a look at the little guide I've just posted it will give you an idea on how to speak to them over the phone 🙂

Hi slim.

Just read your guide and wow thank you makes good reading I will read it a few times between now and court, so I a expecting a call from cafcass before my court date. My ex won't be in the same room as me, her choice as I would quite happily sit there and come to an agreement over our children but it seems that I am the one that can be amicable and her be childish. I am hoping that my outlook and the ability to keep calm and her reaction to everything being ott may work in my favour.

That's key remain calm at all times stay child focused that will p*ss your ex off no end let her get angry ex, be prepared and never give up the fight it will shine through in the end, I'll do another little guide on how to do a position statement and court bundle when I've got my head together a bit more from Ibiza lol

You've had some really good advice there. As Slim and NJ have told you, it's not necessary to file a position statement with the courts for a directions hearing but it's a good idea to have one prepared.

In terms of Cafcass, good idea to be prepared for a telephone interview too by having everything written down so that you don't forget what you want to say.
I know some people have had bad experiences with Cafcass, my partner's experience was actually okay. The S2 recommended supervised contact (despite partner always having unsupervised) and an S7 but the District Judge didn't go with their recommendations. I guess my partner was lucky that he had a DJ rather than Magistrates. It really does depend on the Judge you get on the day and what your ex says in terms of next steps.

It might be worth attending a Families Need Father's branch meeting in your area where you can get advice and meet other parents going through the same thing.

Good luck 🙂

Jaylee,

Just wanted to pitch in with my thoughts.

Whilst a position statement isn't necessarily ordered by the court for a 1st directions hearing, I and many others feel it is very important to have one on the day of the hearing. Firstly by producing a position statement, you essentially boil your case down to the most important elements/issues and set that out in a coherent form. You can use this in court to explain your position to the judge so that he/she understands, and you won't forget anything. Also if the judge reads it before the hearing, you will go into court and he/she will have a good understanding of your case.

In my case, I handed in my position statement to the court usher on the day of the hearing. The judge read it, and he started interim contact there and then. So I would suggest you definitely write a position statement, make some copies and take it with you on the day of hearing; 1 copy for you, 1 for the judge, 1 for the respondent, 1 back up.

As for cafcass, you don't have to lie to them. You don't have to tell them anything you do not believe to be true.

There seems to be a very anti cafcass vibe going around on the boards at the moment, that I feel is counter productive to new forum members dealings with them, and that cannot be good for peoples cases who are new to the forum and do not know what to expect. The cafcass officers are human beings, however they work within a framework that is unforunately biased towards the mother in some cases. I wouldn't subscribe to the fact cafcass officers are scumbags or evil people who hate men across the board. The reality is though Jaylee, you have to deal with cafcass, and it is not wise to approach them with a hostility based on the experience of others.

Whatever you say them, make sure it is child focused. They ask you if your ex is a good mother....No problem, you answer the question. You tell them that while you believe your ex to look after the child well on a day to basis, and meet their most basic of needs well, you feel that she is not acting in their best interests by denying the child a relationship with the father. You believe a child has a right to a relationship with both parents equally, and your ex is not promoting this. This is reason you have to come to court, to protect the rights of your child.

Easy. It's truthful, it's to the point, and child focused.

Please don't let the experiences of others cloud your judgements, as it could very well adversely affect your case. Approach cafcass with an open mind and remember, be honest, be respectful, be child focused, you should do ok.

If you want help with your statement, I'm happy to see if I can assist you; feel free to PM me and we can discuss your case in a bit more detail to see what's happening.

Simon.

Luckily Simon had a positive experience and a good judge, that isn't always the case unfortunately. Your first hearing is coming up, you don't know whether you will go in front of the judge at this point or not...some do, some don't! It may be dealt with by the court adviser, what does it say on your notice of proceedings? Does it name a judge? Is your case being heard at a magistrates or county court?

As has been said, procedure dictates that a position statement should only be filed when one is requested by the court. They will give a date and time that it is to be filed by. On occasion a judge is sitting that is happy to work outside of the procedural rules and allow some flexibility, but some get angry if it isn't stuck to to the letter! That's why the advice is to prepare your statement and have it ready for the first hearing, hand it to the court usher by all means, but don't be surprised if you are told off for doing so and given it back, hopefully you will have a judge/adviser that is happy to be flexible, as Simons was.

My son was told off for filing before being asked to, others have a different experience, all we can do is to share our experiences with you here and arm you with as much information as we can to help prepare you.

Nobody can second guess what will happen in court, especially at the first hearing. If you read through past posts you will see that people's cases vary greatly...this makes it harder to give concrete advice because, as has been said by myself and 1626, it really is down to the calibre of judge on the day.

You will read a lot of bitterness directed at CAFCASS, again, there are good, as has been 1626s experience, and bad, as it was for Slim. but as I and Simon have recommended, go in to it with an open mind and be prepared to work with them.

Thing is Judges just love having something to read they didn't want be to produce a position statement at the review hearing (the one after the directions hearing) But they let me file it anyway along with my bundle, you could tell they were loving reading through it during the hearing and it showed I really did mean business.

They mentioned how good it was 6-7 times through the hearing they smiled at the end and said we don't need it at the moment and gave it back at the end of the hearing and thank you Mr Slim lol

Just plead ignorance if they do say anything and like NJ and Simon has said it depends who sort of judge you get.

In my deirection hearing I got a panel of limp wristed, numb nuts who were wet behind the ears who probs were heavily bullied at school and they hung on the Cafcass's dragons every word, this time they were all real cool, had a set of [censored] and cafcass we not present which made my day 🙂

Slim 🙂