Advice for Court documents

[fruitlooloo]

Hi all,

I need some help if I can kindly ask please. This may be long :(

I have been in a dispute with my ex since the summer 2020 over our 12 year old DS and a court ordered trip. This was resolved at the time but ex still went ahead and lodged C1A. Court was delayed due to Covid and the hearing is next month. This means between the summer and now he has suddenly found a multitude of welfare allegations. I knew he would use the delay to do this. I have been accused of everything, it makes for terrible reading but none of it is remotely true.

Due to these "welfare" concerns he actually witheld DS after contact for nearly two weeks and I had to apply for an urgent hearing - this is when I first found out about his many welfare allegations. He had misused his Postion Statement and it was very lenghty with accompanying "evidence". Judge ruled welfare check and DS was returned to me. I have since spoken to SS and Police and both are happy and cases have been closed.

I have had to get rid of my solicitor due to costs and acting alone with a direct access barrister so doing my own admin now.

However I now am trying to write my own Pos Statement and I know it is meant to be 2-3 pages but he has accused me of so much that I dont know how to condense it but defend myself. The one I have done is 11 pages! I have not been instructed to write a witness statement so I dont know if it would be admitted. I am finding it impossible to keep it short knowing that his own Pos Statement will be long and have a lot of allegations. I have no idea what I am doing, panicking, and googling what I can find but just really scared.

I have been emotionally abused by this narcissist for years and I am scared just at the thought of having to communicate with him over the court admin. I am scared at the thought of sending him my Pos Statement. I wish I had a solicitor but I spent all my savings on the urgent hearing.

Please can I have any advise for anyone who has ever done this?

Have you asked your direct access barrister if they would prepare your position statement as part of their brief fee?

When my bast--- put me through hell

I rang around some solicitors and asked for initial advice over the phone
They were happy to do so for a short amount of time And I told them I had a set amount in mind for further involvement

Would that be helpful ?

Wishing you the best with it
For me it was truly awful
I had no clue but tried to learn as I went along

Your barrister needs to do your position statement. It just needs to be brief. Its likely you'll get a chance to submit a statement so don't worry too much about your position statement. I had a hearing last week and my exes barrister wrote a 5 page position statement completely slagging me off.. Like every paragraph. My barrister wrote a 2 page position statement detailing why i am where i am and the proposals I've put forward.. Not one bad word against him.. Even though he's a violent abuser. What she wrote completely blew his side out the water. So don't worry. The position statement shouldn't detail all the events and evidence. You will get a chance to submit that later x

Thanks everyone x

@Pebbledashery thank you, I'll ask her tomorrow what she suggests. His previous position statement was so long and if I'm honest, if you didn't know any better, makes for terrible reading with all that he alleges. I just want this to be over on one hearing but I doubt it will be.
Plus if it goes to another hearing I probably have to fully go alone due to costs

Thanks all

Don't worry. The court knows its allegations and they only care about evidence at the end of the day xx

You can often take the wind out of the sales of your opponent by keeping your position statement for what it was intended for - your current position at the time of that hearing.

They then look as unreasonable as an 11 page position statement already does...they are not supposed to be more than 2 A4 pages, size 12 font, 1.5 spacing.

Hopeful bump for you
Been there

You got this !!!

It will all end soon I hope

11 pages - how does judges read these

My bast--- ex sent a position statement with photos of me on it
Stating - look how happy she looks
Look how happy I made her

Didn't know if I should laugh or cry