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Help...Family Court/residency

4 replies

brehon · 14/06/2012 20:55

I have a very complex situation and I need help. To cut a long story short we had SS involvement a few years ago which resulted in my being given the choice to give up custody of 2 kids (now 11 and 13) or face all 3 being forcibly adopted as I allegedly could not offer a stable environment for the children (found out later SS didn't have the power to do this). Now 1 lives with her sister, 1 with a family member and1 with me. They have moved at least every year and new schools - very stable. Now exH has entered the fray and is applying for custody of 2 younger children. He has never bothered with them and i think this is financially motivated as he has to pay CSA. Neither want to live with him but we are afraid the court may seriously consider his application. He has had at lease 6 addresses in the past 10 years - no stability. I have to write a statement for the court next week and don't know where to get help. I have spoken to a solicitor but as I am working LA is not guaranteed (though I think I qualify) and I cannot afford £150 to prepare the statement. I have tried contacting the court but the line was constantly busy but will try again. Can anyone advise me where to look please.

OP posts:
mumblechum1 · 15/06/2012 06:22

Firstly, what do your children want to do? Their wishes and feelings will be taken in to account, but depending on their ages, may not be paramount.

I presume that you don't want them back with you, but feel they would be better staying where they are?

Did the court order stipulate what the statement is supposed to cover? If not, then I'd suggest you simply set out what you believe to be in the children's best interest.

Sorry I can't tell you what to put in the statement as I'm not sure what your position is, but in general terms, the statement should be set out with the title of the case at the top, inc. case number in the top right hand corner. Start off my saying that it is your first statement, made in response to the order of Judge x made on x date. Then use numbered paragraphs setting out a brief historical background, and your point of view as to what is in the children's best interest, why you think so, and how you think that can be achieved.

Sign the statement, date it, and file one copy with the court and one with your husband's solicitors. Resist the urge to rant, or to state anything you cant back up in court under oath. The statement will be referred to at the hearing and anything weak or untrue will be subject to being contested by your husband's solicitor or barrister.

Read it over several times before you sign and serve it. You may want to think about getting a Mackenzie friend to help you, and to check your statement. They can't tell you what to put in but can advise if the statement is technically messy/incorrectly set out/legally weak.

babybarrister · 15/06/2012 09:54

This reply has been deleted

Message withdrawn at poster's request.

brehon · 16/06/2012 00:04

Thank you for your replies. Mumblechum I would love to have my kids back but after SS reports I really don't think I stand a chance. Thank you for your advice about the statement and also referring about a Mackenzie friend I'd never heard of this service. I will definitely look into this. Anything I put down I can prove the main problem is that there is so much detail I thought bullet points might be appropriate.

Babybarrister SS is not involved with the children now (thank God).

Once again thank you for your replies.

OP posts:
mumblechum1 · 16/06/2012 13:32

Hi there, the paragraphs must be numbered for ease of reference in court.

good luck

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