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Response to position statement ?????

  • sleepybird
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02 Oct 12 #358982 by sleepybird
Topic started by sleepybird

My partner is due in court tomorrow as he has filed a C79 enforcement application as his ex is making contact difficult and as a result he hasnt had court oredered contact with his son for 7 weeks.

We wrote a position statement and sent it to the court and the ex on sunday.

We have today recieved an email from the ex which she says she has sent to the court which basically consists of her responding to some of the points my partner made in his position statement, at one point she actually says she has not breached the order as my partner agreed with her that contact should be stopped WTF!!!

Anyway we are not too bothered about her replies as we have evidence of all of the events and things that have been said in emails between her and my partner and to be honest she quite badly contradicts herself in a lot of ways. i.e I do not let son decide on contact but I lisen to his thoughts and feelings about contact and then I make my decision (go figure)

My question is, as she has submitted this to the court today and also hasnt written a position statement as such, more of a answer to some of my partners points, would the court take this into consideration and will the judge look at her response??

My partner has a huge amount of written evidence, backing up his position statment and she hasnt replied to all of his points, just the ones that i suppose she feels she can, she ignored half of them comepletely, mainly the ones where my partner states all of the suggestions he has made regarding contact, phone contact and ways he feels it could be made easier and ways to resolve the issues.

So nervous about tomorrow, really hoping the judge can see this for what it is!!! so desperate to see son now!!!

  • eyes on horizon
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02 Oct 12 #358986 by eyes on horizon
Reply from eyes on horizon
good luck for tomorrow. this really brings back all those feelings when my partner was in court...its nerve racking to say the least.
he just needs to remain calm, child focused and state the facts. If he needs to, he can ask the judge and or CAFCASS for recommendations on the best way forward, and for one, I think its good if he can suggest that they both attend counselling together to work out the best way forward. I would also recommend that your partner picks up a copy of Divorce Poison (do a search on amazon) this book has been invalueable to my partner in the aftermath of court and conflict when there is possible PAS going on. He may not be able to change his ex, her actions or her reactions, but he can be armed with information and coping strategies.
unfortunately this is long haul stuff you are dealing with and even if court goes well tomorrow (or well in your partners eyes, anything lost to the ex is a ''win'' for your partner so she may be bitter) there is plenty more to deal with going forward.
keep us posted.

  • sleepybird
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02 Oct 12 #358997 by sleepybird
Reply from sleepybird

I''m taking it you have been through the enforcement process?

Could you tell me what the outcome was if you don''t mind?


  • mbird
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02 Oct 12 #359016 by mbird
Reply from mbird
good luck sleepybird, I agree with eyes on the horizon. It will be fine,remember the judge wants the same as you and your partner, which is the best interests of the child with regards to maintaining regular contact with his father. don''t forget to post an update :-)

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