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Position Statement Help - Family Court(13 Posts)
I need some advice on how to write a position statement for the family court for child arrangement order.
My ex has applied for a live in. We've both had conversations with CAFCASS prior to our first hearing.
There has been severe domestic violence towards me and abuse of our daughter who is 2.
I oppose contact because of this and there is an unprecedented amount of evidence I have because I engaged with all of the relevant agencies.
What is key to write in the first position statement?
Any advice would be great.
I'm sure we had a template to use from our solicitor, do you have a solicitor ?
Yes I do.. Just wondering how long a statement should be. I wrote a witness statement for a contested hearing for a non molestation order but that was about 26 pages long.
If you have a solicitor you need to follow their advice as opposed to people on the internet who can't possibly know the details and specifics of your situation.
I think our first one was limited to 15 pages by the judge ....don't know if that's standard.
But basically we submitted the 'to date' evidence to the solicitor and she turned into a position statement which we checked and signed off
Have at the court confidence course
I found this so helpful
I would recommend keeping it relatively brief and succinct. No more than a couple of pages
And make a suggestion about the way forward to the judge. They like that (based on talking to my dad who is a judge and my own experience!)
It is likely it will turn heavily on the cafcass report. Have you seen that yet?
Yes we've had a safeguarding letter from cafcass. Ex has been found to have extensive pnc traces.. He's had 3 other victims of domestic violence and has been subject to injunctions before. He's also stalked and harassed all of them and me. We fled from the county with social services intervention and he doesn't know where we are. Cafcass aren't endorsing any sort of contact at present, not even indirect.. I don't know how I'm supposed to write I oppose direct contact in a form or words. My solicitor has just said to keep to the facts which I always have and keep child focused which I always have been.
I would say that you support cafcass recommendations?
And yes, stay calm and factual and child focused.
I am sorry you have been through so much and are going through this
Thank you. The judge won't go against cafcass' recommendations of no interim contact will he? The officer has listed all the safeguarding risks in the letter and said if a fact finding is determined and these allegations are accurate then DD is at significant risk of harm by her father.
Hello again OP 👋 if you right the facts and send it off to your solicitor won’t they edit it for you and send it back for confirmation?
Try not to worry the fact you have so much evidence and CAFCASS’s recommendations surely a judge won’t go against those.
Make sure the key points are in the first sentence and the last sentence. Ie "I fully agree with Cafcasses recommendations for no contact as any form of contact is not safe for the children". Outline anything you might wish to refer to or expand upon, but don't go into huge amount of detail. If a judge wants to know they'll ask.
In my experience judges rarely read, well, anything beyond the first and last paragraph. And if they do its skim read. You just need the information there in case you/Your solicitor needs to refer to it.
Thank you xx
Cafcass have written on the safeguarding letter that they cannot endorse interim contact because if the allegations are accurate then DD is at significant risk of harm. So what the judge is likely to do is have a fact finding hearing to consolidate the non molestation order proceedings then a Section 7 will be ordered. I was always of the understanding that cafcass were keen to get contact reestablished was preparing myself for him getting interim contact in contact centre. Have to hope this means that they can see the facts are are on DDs side
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