position statement

Hi

I have to prepare a position statement and I have absolutely no idea where to start??? does anyone have a template or someting similar which would give me a clue as I am representing myself??

Bit more detail about your case would be helpful in order to gain some advice.

what is the situation?

A position statement is intesnded to be a very brief (think one page, at the most) summary of your position.

It isn't intended to detail all of the evidence, just to summarize what order you want the court to make and why.

So, as an example:, if there is an issue over whether there should be overnight staying contact and you didn't feel this was appropriate because the children didn't want it and their other parent was a heavy drinker, you might say 'I do not consier that overnight staying contact is in the childnre's best interests at present as they have repeatedly said they don't want to stay, and I have concerns about the NRP drinking while they are in his/her care' but wouldn't give a detailed description of exactly what and when the children made those comments, or what evidence you had about the drinking

kids live me with stay at dad's one night a week which they are happy with, CAFCASS have already done a report which I think clearly states this but now dad wants to have them overnight in the week and on Xmas day all day which again kids don't want, they are happy to spend some time there but not all day and now he is pushing it to go before a judge, I have also asked Cafcass to speak to the children again. They are age 5 & 14. The elder one also has told her dad what she wants but he doesn't seem to be listening. I know what they both want but am not sure where to atart with regard to the statement?

Thanks for replying

Vicky

Altho my OH has gone thru hell with his ex in regards to contact and courts he would never ask to have his kids on xmas day. his ex counts the days year round and he would never want to deprive her of one of her fave days of the year with her children.
But thats just him.

Your ex might feel the same way!

Going back to your situation, the eldest is definitely at an age where her say will count.
But, he might have an arguement when it comes to younger but I don't think any judge would recommend separating the children on xmas day...but there is a large age gap so I guess anything is possible.

Just state the facts, leave your FEELINGS out of it and make it 100% child focused.

your 14 year old's views will be taken into account.

However, most judges are likel to see it as reasonable for a parent to want to ee their child or children on Christmas Day. It's very common to have an arrangement wherby the childnre either spend some toime on Christmas day with each parent (if the parents live close enough together for this to be practical) or for the children to spend Christmas Day with each parent in turn -one year with you, one year with their dad.

Obviously I don't know the details of your daughter's views but is of an age where noone will force her to go (she will presumably be 15, or nearly so, by christmas) but she might decide that if her little sister/brother is going to be at dad's then she will go too, even if her preference would have been to stay with you.

If you live close to him, it may be worth suggesting that the childnre split christmas day, so they gat to spend time with each of you - maybe stockings at one house and christmas dinner at the other?

MidWeek contact - again, it's not unreasonable to want to see the childnre in the week - with your elder daughter , her views are likely to be taken into account - with the younger, this is more down to the Judge and Cafcass - some feel that for stability, it is better for childnre to get up & go to school from the same home every day, which militates against mid-week overnights. If you live close together, is there any reason why your 5 year old could not be picked up from school once a week by his dad, spend the afternoon, have his tea and then come back for bed?

If your daughter choses not to go I wouldn't force her, butyour 5 yy.o may enjoy the chance to have some 1to1 time with his dad (and your daughter may enjoy having you to herself, if she decides not to go!)
One day a week isn't a huge amount of contact and it isn't, on the face of it, unreasonable to want to build on this.