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Position statement Help - After Section 7 Report


Posts: 39
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Topic starter
(@kierana001)
Trusted Member
Joined: 7 years ago

Hello,Β 

Β 

So on 25th August I have a lovely 2-hour family court hearing to go to. The first previous hearing I had.Β 

Β 

1) Prohibited steps order was put into place - so Maternal family can monitor my contact while court proceedings go ahead.Β 

2) Contact will take place at Funplex - a kids play area for two hours. 11am till 1PM. CAFCASS to carry out Section 7 report in the interim.Β 

Β 

So far; I have the section 7 report now. The mother has basically slagged me off left, right and centre. Told me I'm always on my phone, never change the nappies, never buy food and tells me my daughter never wants to come to any of the sessions. (she's 17 months). Every time I go into the Funplex, I get sarcasm from the great-nan who's doing the supervision. Basically, the planned it out that they will do the contact to make me look bad in front of the courts.Β 

Β 

I need to write out a position statement for the hearing on the 25th August. What I want you guys to help me with is basically what do I cover ? The court don't want a position statement that's super long. If I include all of the contact dates and write a paraprath for all; it will literaly be a 10 page document. How do I lay this documents out. Do I date each contact session and paraprath underneith; how can I keep this simpler while still detailing all the info ?Β Β 

17 Replies
Posts: 67
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(@al1986)
Estimable Member
Joined: 5 years ago

Is it a position statement or witness statement? Normally a position statement is no longer than 2 pages? And is it in response to the section 7?Β 

a position statement is very brief, stating background, your thoughts, wishes and how you feel you can move forward. Keep it child focused, don’t speak negatively of mum as they hate this, even if Β it’s true 🙄Β 

Deny any allegations and put forward any evidence you may have to show this.Β 

a witness statement is more thorough, attaching evidence etc.Β 

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Posts: 167
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(@mrstrange)
Estimable Member
Joined: 3 years ago

Does the section 7 report include recommendations for contact?

Β 

If so do you agree with or oppose them?

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Posts: 5482
(@dadmod2)
Illustrious Member
Joined: 6 years ago

Hi,

Can you check your court paperwork and see what statement it is asking you to write? And what recommendations have cafcass made im s7 report?

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(@kierana001)
Joined: 7 years ago

Trusted Member
Posts: 39

@bill337 It's asking for a position statement no more than two pages. But this is the thing; how can I include all of the contact session history / breakdown by date and what happened during the contact since the first court date if I have to write a paragraph for each date it will literally be a 10 page document.Β 

So far I have it positioned like this:Β 

Β 

Β 

10.10.22 - On this date contact didn't happen.Β 

17.10.22 - On this date such and such

23.10.22 - On this date this happened.Β 

Β 

Father's Proposals

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1) Contact should go to a contact centre.Β 

Β 

Β 

Basically the Section 7 states is should go to a contact centre...Β 

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(@dadmod2)
Joined: 6 years ago

Illustrious Member
Posts: 5482

@kierana001 Ok I would stick to the 2 page limit they set. you can just write one paragraph, a summary of how contact centre visits have been going. with position statement, are they asking you to respond to the section 7 report?

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(@mrstrange)
Joined: 3 years ago

Estimable Member
Posts: 167

@kierana001Β 

What contact recommendations did Cafcass make in the section 7 report?

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(@dadmod2)
Joined: 6 years ago

Illustrious Member
Posts: 5482

@mrstrange checked with him, its contact centre sessions. and cafcass will later decide how to progress. no alternatives really.

Β 

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(@mrstrange)
Joined: 3 years ago

Estimable Member
Posts: 167

@bill337Β 

What a shame πŸ™

The court system can be embarrassingly inefficient. Supervised contact by an independent social worker should have been ordered at the previous hearing and take place in parallel with the section 7 being conducted.Β 


Β 

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(@kierana001)
Joined: 7 years ago

Trusted Member
Posts: 39

@mrstrangeΒ 

Β 

Well I do want to avoid the contact centre really; as it's quite expensive. I have put forward your recommendations of an independent social worker to turn up at the current contact location (Funplex) then at least they can see what's actually happening during contact.

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(@mrstrange)
Joined: 3 years ago

Estimable Member
Posts: 167

@kierana001Β 

A social worker who will write contact support won't be much cheaper than using a contact centre. It's not cheap but a necessary evil.Β 

Β 

Get in touch with your local social services for tips on contact centres or organisations that offer supervised contact within the community at the most competative rates.

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(@kierana001)
Joined: 7 years ago

Trusted Member
Posts: 39
Posted by: @mrstrange

@kierana001Β 

A social worker who will write contact support won't be much cheaper than using a contact centre. It's not cheap but a necessary evil.Β 

Β 

Get in touch with your local social services for tips on contact centres or organisations that offer supervised contact within the community at the most competative rates.

Got the quote back today after writting them an email. Far more expensive. I will stick to the contact centre.Β 

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Due to cutting costs. Do you think a barrister will be needed at this two hour dispute resolution hearing. Isn't this one of the main court hearing in family court cases? Or do you think I'd be best for saving the barrister for a different court hearing, like the final verdict one or something?Β 

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I don't want to hire a barrister and for him / her to not be of much help on the day where I could have saved the money for the contact centre. I don't really know what the dispute resolution hearing is all about to be honest.Β 

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(@mrstrange)
Joined: 3 years ago

Estimable Member
Posts: 167

@kierana001Β 
The majority of CAO don't go to a final hearing but are concluded at Dispute Resolution appointment.

You main priority should be to be clear on what child arrangements that you would like going forward. E.g

Term time
2-2-5-5

3-3-3-3

Alternate weeks during the summer.
Alternate weeks over Christmast.
Alternate half terms.

Handovers at nursery

This is something that a solicitor or a barrister can't help with. Only you know how much contact you would like to have with your daughter once the period of supervised contact will have ended.Β 

My advice is to spend a good amount thinking about and planning this as once arrangements have been agreed, they are extremely difficult to change - at least until your child starts school.

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Registered
(@kierana001)
Joined: 7 years ago

Trusted Member
Posts: 39

@mrstrangeΒ 

Β 

Amazing thanks - Also one last thing - I'm in a bit of a pickle. I feel like during my contact sessions my ex is purposefully trying to get a response from me by trying to leave hints she's seeing someone. Today she came along to contact as well as last week, (which the contact is court ordered to only go through her nan) due to domestic abuse claims put through by the mother.Β 

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She is purposfully leaving her phone on the table and letting it ring so I can see guys call her, and she's purposefully talking to her nan and not directly naming people or throwing out the (I will tell you later) statement and is just on her phone 24/7 ignoring me or our daughter's needs.Β 

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Should I phone up her solicitor and tell them I don't want her to come along, what would be a good enough reason to say to them? I don't want them to twist it to seem like I'm not trying to get along with her, but at the same time I hate these little digs she's throwing towards me to hurt me by showing me she's with someone new.Β 

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Another thing to bring up, she mentioned our daughter was drinking her coke (she's only 17 months) so was a bit concerned at that.. And also the fact she didn't put her in the car seat on the way back to hers after the session. She sat our daughter on her lap in the back.Β 

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(@mrstrange)
Joined: 3 years ago

Estimable Member
Posts: 167

@kierana001Β 

If the court order state? Contact to be supported/supervised by the nan? If so where?

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Registered
(@mrstrange)
Joined: 3 years ago

Estimable Member
Posts: 167

@kierana001Β 
The majority of CAO don't go to a final hearing but are concluded at Dispute Resolution appointment.

You main priority should be to be clear on what child arrangements that you would like going forward. E.g

Term time
2-2-5-5

3-3-3-3

Alternate weeks during the summer.
Alternate weeks over Christmast.
Alternate half terms.

Handovers at nursery

This is something that a solicitor or a barrister can't help with. Only you know how much contact you would like to have with your daughter once the period of supervised contact will have ended.Β 

My advice is to spend a good amount thinking about and planning this as once arrangements have been agreed, they are extremely difficult to change - at least until your child starts school.

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Posts: 143
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(@warhammer)
Estimable Member
Joined: 9 years ago

Mine was the other way round. I had contact at the CAFCASS office first, then moved to contact at a wacky with the ex. Then with me at my home, 2 hours and gradually built up to overnights, long weekends. I’d keep statement brief, light and focused on what you and the child did. Did you pay for the session, did you buy food, drinks, if you did put that down. If you took a toy put that down. Say how great it was and you both.Β 
why do you think contact should now be at contact centre and not just with you?Β 

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(@kierana001)
Joined: 7 years ago

Trusted Member
Posts: 39

@warhammerΒ 

Β 

The mother and maternal family wanted everything to be supervised by them so they can twist everything around and make me look bad at the next court hearing. At the first court hearing a prohibited steps order was put into place; so I can't remove my daughter away from the Maternal family.Β 

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Because it's not being monitored by a contact centre properly; my ex and her nan have basically made up saying that I don't pay for any of the contact sessions, saying that non of the nappies get chnaged and saying that I don't want to engage in contact when I'm there. And saying that I'm apparently on my phone the majority of the time (which isn't true).Β 

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Luckily; I am getting one of the personel at reception of Funplex to write me a short statement which is non-bias on how the contact ACTUALY is. But basically the section 7 report is all about the mother slagging me off. I told the mother's solicitor too; but that caused even more issues, as the maternal nan pulled me to the side and was verbally aggressive towards me at the last contact session. I want things to progress to contact centre so the courts have a proper statement of truth and to give CAFCASS a better understanding on how I actually am as a father.Β 

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