Position Statement.

[izziewizzie]

I am just preparing to file a C100 form to court, regarding changing my daughters surname. I have attempted Mediation and ex has failed to respond, so I have the FM1 form.

Anyway, I have seen something on line about writing a position statement, and I was wondering if I need to do one, and if so, do I do it now and send it with the forms or wait until a later date?

I will be self repping, and I'm pretty sure my ex will do the same, unless he a) gets a solicitor through Legal aid, or fails to turn up.

Any advice much appreciated, as I don't want to pee a Judge off by weighing him down with loads of evidence.

Have you got the old C100 form? They changed on 22nd April.

Position statements come later in the process and aren't always necessary. The court will tell you to provide one if one is needed.

I believe it's the old one, but looking at the new one it looks the same, just laid out differently!
I'm going to send what I have filled in, and they can request it again if need be.
I thought I had done the new one, both versions seem to still be knocking around.

We're apparently allowed a period of grace where "old" forms will still be accepted until the end of this month ...

...we still haven't had the new forms from our forms provider yet!

As you will have seen on the form, only a brief summary of the reasons for the application are required at the time of issue.

They refused my forms, 5 days after the change over!
Had o redo the whole damn lot!

A position statement has nothing to do with a C100.

I normally advise my clients to prepare one, make copies and hand it over on the day. A copy to the court (give one to the usher and ask it be given to the judge), a copy to the other party or their solicitor and one for you. Always good to keep one on file too.

Keep it three pages at the absolute maximum. Outline the bare bones of the case, relevant information and what you are seeking. I tend to put one good example of case law to back up your argument. As always you need to make sure everything you write is child-focused and explain why it is in the best interests of the child (and remember the `no order' principle means that the onus is on you to prove not the court to do something that provides no benefit).

Hope that helps.

Thanks Lostdad!

The mediator now needs to sign your new style C100. FM1 is not used now for this type of application.

Unfortunately the FM1 forms came weeks ago in the old format.
I have copied them and sent them with the new C100, as that's all I have.
I can't really go all the way to the mediator to get the new form signed, so again, I hope they will accept it.
The new forms seem to be a pain, there's been no crossover period, and if they won't accept things like the FM1 in the old format it's going to make things a bloody pain to get done.
I sent it by post, so I will wait to see what they send back to me......

Re the FM1 form it's worth phoning the court and asking the staff. I wouldn't be surprised if some courts will allow FM1 forms for the time being while others won't. Some courts rightly or wrongly have different Practice Directions and it's worth checking.

The staff will tell you one way or the other so you can sort things out if needed.