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How long should a Position Statement be etc?

  • Joe2020
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27 Mar 12 #320339 by Joe2020
Topic started by Joe2020
How long should a Position Statement be?

The one for my first hearing was 3.5 pages A4.It was Calibri font, size 12 and spaced out with narrow paragraphs so there wasn''t loads of text.

The one for my second hearing is three A4 pages,New Courier font, size 12.Again spaced out with wider paragraphs.

Does the Judge even bother to read them as I''m sure the one at my first hearing didn''t?

Should I explain why I am also applying for Shared Residency and why I would like the court to award the contact schedule I propose or will this make it too long winded ? Should I just explain about these two in court?
Thanks

  • C. J.
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28 Mar 12 #320408 by C. J.
Reply from C. J.
Hi Joe2020,

From what my partner and I have learned over the years and after speaking to people who have plenty of experience in this field we have learned the following about court documents: -

Only mention issues/make statements that date back at most 6 months ago. You could add in a brief chronology overviewing what has previously occured or if you have already been to court before then write the position statement detailing what has happened since the last court hearing. A guy at Families Need Fathers told us that judges aren''t interested in what happened in 1975! ;)

The same guy also told us that the most sucessful position statements he has seen have been 1 page long, 2 at the most. Judges rarely have time to go over court statements with a fine tooth comb especially when they have your ex''s to read to. They usually glance over the documents 5 minutes before they enter the room to familiarise themselves with what is going on.

We have done several position statements in the past and it''s so easy to drone on about everything that has gone on but what you must remember is that the judge is not interested in tittle tattle or domestics that you have had with the ex or a case of ''he said, she said''. They want to see how you are looking to move the case forward.

If you have important information that you feel benefits your case try and support it with evidence and put it in a chronology.

Also wording is an important factor. Keep child focused and try not to be overally emotional or so acusatory regarding the ex. Make statements such as "I believe xxxxxx''s statement regarding xxxx is untrue" rather than "xxxx is a bloody liar"!! lol You get my drift! :laugh:

Our latest position statement that we completed for a hearing in January we sent over to another father who we trusted and who also had experience in position statements. He changed a few things around and added a few bits in and we were chuffed to bits with it. It was very focused and like yourself was also regarding my fiance''s application for shared residence.

It was also reassuring when the judge commented in court that he had read my fiances statement. The ex''s however - like her previous statements all started off with ''In 2009 xxxx annoyed me by saying xyz''! None of her statement actually mentioned much about the children in question but that she had just used the statement as a time to rant not only about my fiance but me hoping that the judge would read it and think we were both a pair of awful people. It never worked. :)

I actually have a template of a position statement somewhere if you would like me to look it out for you? The identities have been hidden for obvious reasons but it''s a document that has been used by many fathers and modified to suit their own situations.

Finally, the standard template for font is usually Times New Roman 12 and line spacing is usually 1.5 lines but this is not mandatory.

I hope I''ve helped :)

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28 Mar 12 #320432 by Joe2020
Reply from Joe2020
Many Thanks C.J.
That really helps.
Would appreciate that template if you can find it.

:)

  • Suzuki41
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29 Mar 12 #320701 by Suzuki41
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Hi any advice much appreciated

Separated in 2008 now divorced. 3 children, 15 year old hasn''t seen dad for 3 years - her choice. 11 year old son cried to see dad more dad refused every suggestion I made. 8 year old girl sees him with my son. Very bad financial situation, ex left me in £2,000 per month house with £56 per month maintenance for 3 kids and mortgage. Struggled for 2 years working and looking after 3 kids, he wouldnt answer any solicitors letters regarding house eventfully I had no choice but to walk away, house repossessed and had to declare bankruptcy,

As a result of severe financial and a son that craved his father the younger two have resided with him for 9 months. We reached a temporary agreement but because I wouldn''t agree to the days he wanted he has them 1 day a week more than me. School holidays were a nightmare would never agree to anything. I filed for joint residence order for younger to. Went to first hearing today after full CAFCASS report, he wants residency of younger to and no order for older one. I want no order but defined contact in my favour. That is the only point it is contested on. Both asked to file position statements in 21 days. He has legal and awful solicitor I am self representing! Any tips to help me would be helpful. Last week we nearly reached between us a 50% shared care but he said unless I dropped my past £7,000 csa arrears he wouldn''t agree, The csa are now taking criminal proceedings against him.

Thank you

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