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Legal matters

Position statement-how much detail should it contain?

3 replies

ddrmum · 09/05/2013 10:57

Hello mumsnetters! I haven't been on here for a while as life settled down and everythnig was good. Sadly now, exh has decided that now he's been sacked from his job, he wants to 'share residency' on his terms. I'm concerned that I come across as fair and reasonable and want to make this as clear as I can. Communication with the ex is almost impossible due to his volatility and lies. Any tips would be gratefully received as I am stressing and feeling sick just typing this. Thanks!

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Collaborate · 09/05/2013 13:47

Sounds very temporary to me.

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lostdad · 09/05/2013 14:34

A position statement should be short and to the point. Two pages at the most - no longer.

Don't go into fine detail. All it needs is the headlines' of your case. Judges/magistrates can't and won't read a long document so make sure it is short, punchy and has the most important issues included with nice to have's omitted or at the bottom (if at all).

Do not send the position statement before the day. Make copies to take to the court - one to the ex's solicitor, one for you and a copy that you should give to an usher and ask to give to the judge. Don't be dissuaded by a solicitor/barrister saying you need the leave of the court' to submit one. You don't.<br /> <br /> It's becoming more common that relevant case law is added to the bottom of position statements too.<br /> <br /> Google custody minefield position statement' to see a good example of one and helpful information.

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ddrmum · 09/05/2013 16:30

Collaborate - sorry I don't understand your post unless it's in relation to him wanting more time with the kids? Apologies if I'm being stupid. In all honesty, he's doing it to try to p*ss me off, which actually it doesn't. I'm more concerned with making contact reasonable rather than him making unreasonable demands which interfere with my work esp as I'm the sole provider for 3. Perhaps, he could put his time to good use and get a job?!
Lostdad - many thanks, I'll take a look at it.

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