A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

Statement prior to contested 1st hearing

  • Bobbybear
  • Bobbybear's Avatar Posted by
  • Junior Member
  • Junior Member
More
28 Jul 20 - 28 Jul 20 #513486 by Bobbybear
Topic started by Bobbybear
Hi

My ex has applied for 50/50 custody which I don't agree with as he has never shown an interest in the children or spent any time with them. We separated June 2019 but are living in same home till divorce is finalized. He has made no effort to spend time with kids and as usual goes out every evening and weekends.

We have been asked to prepare a statement prior to the contested first hearing at which ex wants an interim order for o/n stays (he has only started asking for 50/50 and o/n stays since May 2020 as final hearing for finances is due in August and he thinks o/n will mean he doesn't have to pay maintenance).

Do I need to include evidence e.g texts, emails with this statement to back my claims or can I refer to them and submit at a later date if asked? Will this weaken my case?

I have suffered emotional and psychological abuse from this man for 15 years and he continues to lie and manipulate me and the children. He has also continuously ignored social distancing guidelines since lockdown and exposed kids to risk even tho they are at moderate risk of covid complications due to the severity of their asthma and lied about this too.

I want full custody with visitation rights for ex which would mimic our lifestyle whilst married. Is this feasible?

Please advise. Thanks
Last edit: 28 Jul 20 by Bobbybear.

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
31 Jul 20 #513510 by rubytuesday
Reply from rubytuesday
HI Bobbybear

The statement will be a position statement, where you set out what you believe the best arrangements for your children are - and why. These are the arrangements you would be asking the court to consider when making an order in respect of your children.

There's no need to include evidence such as texts or emails within the statement itself. Ideally it should be no more than two sides of A4 at this stage.

If you need help writing the statement, then you could call the helpline to ask about the low cost services wikivorce provide to people representing themselves.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11