Short position statement - what is required?

[ddrmum]

Hello, I'm hoping for some swift advice on this one. I received a Cafcass report yesterday and need to respond to it in the form of a 'short position statement' and file it at court & with exh on Monday 17th which gives very little time. I would be hugely grateful for any pointers on what is required by the court in this instance. the report is reviewing contact between my ex and their dad. He is not happy as contact is not on 'his terms' so we are in the court system trying to resolve it - he's not a reasonable individual. The report is quite favourable towards me so I don't have any significant issues with it. I have done most of the work associated with this myself due to costs (prefer to send money on keeping a roof over the 3 kids heads!)and my solicitor handling the divorce could not fit me in since the new year. Many thanks for any help in advance.

The statement needs the standard header (e.g. In the [Name] Family Proceedings / County Court, Case number and parties or children's names) and double space each paragraph. It's usual to use font 12 New Times Roman.

Then the aim of the position statement is for the judge to easily identify what the issues are and how far apart you are on those issues, and whether there is a dispute about the facts. You summarise your position in short numbered/bullet pointed paragraphs. If there is specific contact your ex is seeking but you don't agree with or the dispute is over arrangements such as collection or return, say so and why. Finally summarise your proposals.

Hope that helps. :)

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Thanks very much! There is no doubt that the ex will contest the Cafcass recommendation as it in effect cuts his time with the children but in turn increases the quality time - if that makes sense. Currently he takes them to activities rather than entertain them himself. He's more interested in what I might be doing and as such would prefer contact every other day rather than every other week. Given there's DV history I want as little contact with him as poss.

do you have time to go to the court tomorrow? they may have a volunteer support unit for LIP. apparently they have trainee barristers there who can help you write in terms of the format neeeded.

Hi cestlavie, I tried this route, but there was no help available. So frustrating as the late completion of the report has left so little time for me to respond. TBH I think the reort is fair and ex mightily upset the cafcass officer so really it should be quite straightforward, it's just knowing how to format it so that it looks acceptable to the court.

If you agree with the cafcass report just say so. Use bullet points. It's just so that the judge knows what both parties' position will be - ie the paramaters within which they are being asked to adjudicate. Refer to the welfare checklist - ie s1 of the children act 1989. Can't go far wrong with that.

Thanks Resolution! Have prepared a response just asking for a couple of very minor amendments as overall it's very favorable.I've kept it very simple so hoping for the best.

Simple is good. Most judges might understand it then!

OK, so I filed the statement and ex filed a much larger document at the court than he gave to me (exchanged at the Court just for simplicity). I then got a hand delivered letter from the court stating that the judge had VACATED and the hearing will be re-listed. What does that mean? Can I request a copy of the full documents that the ex filed at court as it's my understanding that the same docs need to be filed with me & court? Be grateful for your advice.

Hmmm, thanks MrsPickles. I've heard through a 3rd party that he has requested a male judge as he feels that woman won't give him a favorable hearing - & yes he is both stupid and a misogynist!! I hope he has as it appears that the lady in question is a head circuit judge! I say stupid as all hearings bar 1 have been with a male judge who didn't appear to be particularly sympathetic to the exH, just a professional man and woman carrying out their role based on facts put before them. I will also ask the court for a copy of his filed statements as he has refused to issue them to me. Thanks again :)