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Position Statement

  • comitted dad
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29 Apr 12 #327284 by comitted dad
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What goes into a position statement and do I need one on the first hearing as im representing myself.

  • TBagpuss
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30 Apr 12 #327379 by TBagpuss
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A position statement is a very brief statement summarizing your position - generally only one (or at most 2) pages.

It''s intended to give the Judge a general idea of where you stand, so that s/he can focus on what is actually in issue betweeen the two of you

So it might include

- whether you are opposed in principal to the order the other person is seeking

- what order you are seeking

- if you oppose in princiapl the other party''s application, why, in general terms (e.g. ''s/he drinks to excess'' ''his/her current partner is violent to him/her infront of the children'')

- If you agree in princiapl (e.g. you agree there should be contact/the child should live with them but disagree with the sepcific sugegstions they''ve made)say very briefly why (e.g. don''t think the proposals are practical / feel the level of contact proposedi is too much/too little, feel it doesn''t reflect the children''s wishes)

It isn''t normally necessary to do a position statement unless you have been ordered to do so, and isn''t normally needed for a first appointment.

However, you may find it useful to prepare something similar just for your own use, so you can think ahead and focus on what the key points are, so you can give the Judge a clear picture of your position if asked

  • Joe2020
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30 Apr 12 #327400 by Joe2020
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A PS is something you spend hours and hours and hours writing,re-writing a hundred times only for the judge not to bother even reading it.

For a first hearing and other ''directions'' hearing the Judge will go with what the mother wants and only 10% of what you say in court will make any kind of difference.

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30 Apr 12 #327410 by comitted dad
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That was one of my concerns, where a mother can sling mud that cant even stick to you and the judge still believes the lies are true!!
Thanks for the reply

  • khan72
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01 May 12 #327588 by khan72
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*** DO NOT SLING ANY MUD ***
Judges have seen lots of mud slinging, it bores them as the mud tends to not have anything to do with child matters but parents acting like children. Rise above that game. In a court, stick to child relevant facts.

*** TIP ***

Why not make a mini Scott Schedule? In my second Directions hearing, the judge loved it and gave it a lot of attention. The judge commented that it clearly summarised some of the issues and that she would have immediately rejected most of the minor accusations. She then turned on Ex''s counsell and proceeded to ask him for serious accusations between me and my child. "BUT LIMIT THE ACCUSATIONS TO CHILD ACT PROCEEDINGS. ACCUSATIONS BETWEEN THS MAN AND THE CHILD." - Use this to your advantage if she tries stuffing in accusations that are unrelated to child contact or child welfare.

Judge asked for a full scott schedule for the 3rd directions which will go through to the fact finding.

My PS will try to guide the judge on the questions to ask? Why are there no attachments with police and medical evidence? (want a direction here as it will weaken Ex''s case when she cant come up with it). How come more acusations keep coming in more than 6 months after separation?

What frame of mind do I want to put the judge in? Thats what my PS will do. I won''t fight the battle in the Directions, I will aim to disarm the Ex by asking for allegations to be backed with evidence.... as there is none.

Guys, have faith - Give the judge something about yourself and the child that makes them believe your child is safe with you and needs you. Tell the Judge what needs you can fulfill. They do want to give you time with your child but they are forced to be conservative. Work with them to help unchain them from the conservative stance forced upon them by process. They are human. They have childen.

*** IDEA ***
I might add a small "Goal" paragraph. Why am I here and what do I want? Every other weekend, half hols, half birthdays, half bank hols, half of everything....just like every other father. State that its going to take time to build to get there. But ultimately you want to be part of his/her life. Make it very reasonable and I cant see why the judge would not take your side.

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01 May 12 #327648 by comitted dad
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Thanks khan and everybody else who has helped answer my Q:)

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