Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

position statement for court- child contact

2 replies

whitepaper · 20/03/2013 11:16

Hi,

up to now i've kept my statements short and sweet- 2 sides max with the odd additional information appendaged. I'm preparing for a full hearing (magistrates court) and there seem so many issues to cover and that I want to get across. Is it ok to write a lot more? also is it ever possible to request the case is put before a particular judge- i.e someone who has some familiarity with the case? Does anyone know if the magistrates ever do sit down and read all the previous notes? or are they only going by the most recent position statement ? I don't see how they can understand what is going on from just that. any help really welcomed.

OP posts:
Tewa · 20/03/2013 11:46

2 pages is good. It's getting more common to put relevant case law at the end of it too to back up your argument.

But when you say `full hearing' at a magistrates court - how long is it?

If it's over an hour you should prepare a bundle although assuming you are litigant in person and the other party is represented they should do it. You should correspond with them and agree what goes into to `where possible', send them your submissions and it's included.

In theory you are entitled to judicial continuity meaning you should see the same judge (or magistrates) although it is very common to see different ones. Sometimes they will reserve the case to themselves but even then there is no guarantee they will be there. It basically depends on who is available on the day.

Some will read the position statement beforehand, some won't. They should have the case notes meaning they will see all the previous statements, etc. but once again there is no guarantee they willl have the time to read it before you are faced with them.

It's normal to get to the court before the hearing to attempt to come to an agreement with the other party before the hearing so that when you do see a judge/magistrate they can check the details, refine it as necessary and make a decision. The court is usually happier when you can agree this because it is better if you can sort things out between yourselves.

Do not go alone however. At the very least take someone to make notes as a McKenzie Friend (google this if you need to know what their limitations are). They may be a little more impartial than you too but you need to write to the court beforehand and provide a CV so they know they are coming and who they are.

whitepaper · 20/03/2013 12:57

thanks TEWA. Its a half day hearing . We are both at this moment in time self repping. There no way on earth an agreement will be made before court- none whatsoever. Thanks for info on Mackenzie friends, it is very hard going in alone .

OP posts:
New posts on this thread. Refresh page