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Can i complain about a position statement not being filed? Family Court

(8 Posts)
fallenninja Thu 07-Jul-11 13:34:02

Hi

Just after some quick advice really. Other sides position statement is a month late. However mine has been filed with the court, and with the exs solicitor.

Im a bit narked that I havent seen sight nor sound of his position statement. I thought the whole point was you werent supposed to see the other sides before writing your own?

My solicitor (who i use sparingly these days for advice) has told me not to worry, and that she wont chase it up, because we are trying to keep my costs down. However I cant help but worry!

Should I be worrying? Can I complain to exs solicitor / court anyone about the lateness of the statement?

mumblechum1 Thu 07-Jul-11 16:19:20

Are we talking ancillary relief or Children Act?

fallenninja Thu 07-Jul-11 16:48:36

Sorry, missing out important info. Childrens Act. Hearing is in 3 weeks time, but is likely to be delayed due to waiting for CAFCASS officer.

Was suggested to me that CAFCASS might also be waiting for position statement before coming to see DC. They are writing an addendum report before the filing hearing in a few weeks.

Thanks

fallenninja Thu 07-Jul-11 16:49:04

final hearing ...no idea what a filing hearing is!!!

mumblechum1 Thu 07-Jul-11 17:15:13

Position statements are often filed on the day of the final hearing or just a couple of working days before. Their purpose is for the judge to see what the issues are at a glance.

Cafcass will not be waiting for a position stmt.

fallenninja Thu 07-Jul-11 19:28:15

Thanks for your answer. I guess i will just sit back and wait, although i dont understand why she asked for statements to be filed for 5 weeks ago?!!!

Wish id held back on mine now smile

mumblechum1 Thu 07-Jul-11 19:30:29

It honestly doesn't matter. You will already have set out your position in your statements. The PS is supposed to be a brief precis of what you want and why you want it, so you haven't disadvantaged yourself by filing it before your ex.

mumblechum1 Thu 07-Jul-11 21:09:12

Sometimes courts have their own little local oddities, a position statement is usually written by the solicitor or counsel, and includes references to published cases, statutes etc as well as the facts of the particular case.

It's possible that the court has described as a position statement a statement by each party, which most courts would just call a statement from each side rather than a position stmt.

Sounds, on reflection, like that may be the case in your circs. Even so, you're not at any disadvantage, courts will frequently order one party to file their statement on x date, with the other person having the opportunity to file a statement in response 14 days later.

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