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Hi everyone,
Just need advice on a Position statement, can you include case law cases in the statement, so I can direct him to the relevant points of law?
Many thanks in advance
It depends what stage the proceedings are at.
If it is a first hearing - a position statement should not include any evidence, be no longer than 2 pages and just give an overview of background, why you are applying and what you would like the court to do
If the court have ordered a witness statement or statement of evidence, then things can be referred to within and the evidence attached.
Hi thanks for that,
Well I know what going to happen again, the direction proceeding will end up as a final Order again as it earmarked as 1hr 30 mins listing!
My previous posting was about two order given , but the second one ended up being done on email admissions that I was not privy to the others sides argument and I ended up with basically 9 days less per year because of it.
To get it to the hearing now, I had to demonstrate to the Court what I have done to remedy it including a "statement of Truth" including C100, but as like most things is has deteriorated even further, so had to put them in the position statement. Basically my ex is cherry picking things from the Order when suits and then when I suggest things as alternative instead of, she stops contact.
If it’s anything like mine and my ex then it sounds like she is “complying” with what is ordered but not allowing the increased or flexibility which in mine is worded
“and any other contact, including overnights as can be agreed between the parties”
Of course my ex wouldn’t agree to any extra as it wasn’t ordered, and when i’ve asked and she refused multiple times - i use the 3 strike rule – i then am forced tp pursue legal action and she stops contact as soon as i inform her of it or the court papers get delivered.
I’m now starting down the variation to order route again and looking for contact to resume and be enshrined in the order not listed as an “expectation” of the court or “as can be agreed between the parties” as it doesn’t work with my ex.
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