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[Solved] Permission needed to file a position statement ?

 
(@citydad)
Reputable Member Registered

Hi all , as the title suggests do I need permission to file a Ps
For my fdrha? Court have not asked for anything and I just read on here someone had there’s refused by the court .
So what is the procedure for asking permission or just filing etc . Do I send to court in advance via email ? On the day . Also the doc I got from court says no documents should be delivered to any party apart from docs specified etc
So do I serve the PS on the respondent ?
Cheers

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Topic starter Posted : 05/06/2019 11:29 pm
(@dadmod2)
Illustrious Member

hi citydad,

position statement is the standard. i had 3 hearings, and i had a position statement ready for each. my barrister did mine for me, printed out copies. on the day the PS was handed to the other party, court, and cafcass. it would be good manners to pass over the ps to the respondent a few days in advance. best thing to do is keep it short. 2 pages max. your FHDRA letter should advise you what to do.

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Posted : 05/06/2019 11:52 pm
 Mojo
(@Mojo)
Illustrious Member Registered

In the years that I’ve been here, I’ve only known of two or three members that have had the PS refused on the day. This is more a court error and it’s usually magistrates that refuse it.... but the majority of courts do accept them. It’s important to have copies for all parties, the court, the other party, and cafcass, don’t forget to keep a copy too.

If you’re more comfortable sending it in earlier, that’s also fine.

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Posted : 06/06/2019 1:04 am
(@citydad)
Reputable Member Registered

Hi and thanks , so no official permission needed and it’s fine to give to the repsonsdnet even though the hearing notice etc says no other documents should be delivered to either party unless ordered or something along those lines ?
There’s also no mention of ps etc on the fdrha letter
Many thanks

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Topic starter Posted : 06/06/2019 9:21 am
(@citydad)
Reputable Member Registered

Hi mojo and thanks again , so what’s best . Send to court and other side in advance or just give copies on the day ?
Thank uou

ReplyQuote
Topic starter Posted : 06/06/2019 9:22 am
 Mojo
(@Mojo)
Illustrious Member Registered

I can’t advise you, just share my experience with you. If you’re worried about the hearing notice stating no filing of any documents, you could call the court and ask.

All I can say, as before, is that countless members have supplied the PS on the day, some have filed it at least 4 days in advance. At least you can plead ignorance if you’re self repping!

Most Litigants take it with them without a problem, but the decision must be yours.

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Posted : 06/06/2019 6:09 pm
(@citydad)
Reputable Member Registered

Yeh I’ll take it on the day . What’s the worst they can do

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Topic starter Posted : 07/06/2019 4:25 pm
(@dadmod2)
Illustrious Member

yep just take it on the day. my barrister did the same. end of the day, its just a piece of paper that says why you are in court and what do you want out of this.

its only when things progress to future hearings, interim court orders will say e.g. you must file a response to cafcass report, or submit a witness statement, and these must be served to all parties, the court, cafcass, respondent (ex's solicitor) no later than 4pm on such and such date. just some examples of what you can expect going forward. these ones you have to take seriously and do in good time.

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Posted : 08/06/2019 12:01 am
(@citydad)
Reputable Member Registered

Brill , cheers bud

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Topic starter Posted : 08/06/2019 12:16 am
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