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Can I apply for an order that position statements be exchanged in good time for the next hearing?

1 reply

Soopermum1 · 20/04/2021 18:56

Child contact, had first session, ex's solicitor rather slippery and I am self representing.

For the first session, she refused to exchange position statements in advance, only sending her's the night before, when I emailed the court to ask for an adjournement. It was her intention to write the position paper after the Cafcass safeguarding report had been shared. It wasn't shared until 15 minutes before the session so the contents of that, and the contents of the position papers were a bit of a shock for everyone.

She did similar for the financial hearing. I have emailed her 3 times now, stating it is detrimental to me to do this. For the child contact order it's detrimental to everyone, including the child, when we're all supposed to be trying to have productive conversations for her best interests.

She has ignored me. Can I write to the court to ask that position papers are exchanged before x date to give both parties time to review and avoid the mess that was the first hearing?

OP posts:
PresentingPercy · 20/04/2021 23:18

From what I can see, a solicitor can wait for the CAfCASS report. In addition, your position statement is your position. It’s not a reply. Often the view of CAfCASS will be commented upon and both parties can do this. The night before isn’t that unusual. I also think the judge might not even have the time to read the statements early either. I would entirely concentrate on your own. There’s a lot of advice on what to include, and what to avoid, but essentially it’s about your child and your views.

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