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Writing a positional statement

18 replies

InNeedofHelp11 · 23/02/2023 14:26

Looking for advice on what to include on a position statement. In brief coparenting became difficult once I moved in with my new partner. I now live 20 minutes from my children.

i am not resident parent. I am seeking an additional overnight plus secured holiday time. For the last 6 plus months My ex has been really difficult, stoping contact, taking the children out so I can’t pick them up on time and lots of other difficulties. Do I include examples of these in the statement?

OP posts:
Shitfather · 23/02/2023 15:06

My barrister writes the most beautiful position statements.

He includes a timeline of all relevant correspondence and events.

He keeps things strictly factual and concise - no use of emotional language.

Use numbers to separate points.

The judge will have very limited time and so you need to get across your most important points in a very clear way.

Shitfather · 23/02/2023 15:07

I would include a file of relevant emails etc and refer to them in the statement eg exhibit 1, 2, etc.

Gwen82 · 23/02/2023 15:09

For the last 6 plus months My ex has been really difficult, stoping contact, taking the children out so I can’t pick them up on time and lots of other difficulties. Do I include examples of these in the statement?

but not woolly statement.

you need to have date, time and ideally evidence ir messages, emails etc.

Gwen82 · 23/02/2023 15:09

Do you pay cms? And have you strictly adhered to paying even when your ex hasn’t behaved well?

Gwen82 · 23/02/2023 15:10

How old are the children?

and do they want to come?

CaramelMach · 23/02/2023 15:17

There are templates online and examples. Just make sure they are UK court based.

And leave loads of time to do it.

Good luck.

InNeedofHelp11 · 23/02/2023 15:31

Thx you for all responses.

I can defo put the n exact examples. There are unfortunately a lot to choose from.

To answer some questions, Yes always paid maintenance without the need for cms. Happily contributed to clubs / activities and bought clothing as and when needed.

kids are 7 and 9. Both say they want to come. DS 7 sometimes doesn’t want to leave mum but very happy and settled once here (comfortable enough to argue with DD too)

OP posts:
Gwen82 · 23/02/2023 15:34

weren’t married? Or will you be divorcing?

Fleur405 · 23/02/2023 15:36

A timeline is always very helpful for a judge and much more concise than lots of texts. This happened on this date then 2 weeks later this happened. If a timeline is quite long perhaps append it. But yes be factual and include specific examples saying things like “my ex has been difficult” is almost meaningless to a hearing of this nature because it’s really just your subjective opinion.

prh47bridge · 23/02/2023 15:46

Gwen82 · 23/02/2023 15:09

Do you pay cms? And have you strictly adhered to paying even when your ex hasn’t behaved well?

This is not relevant for contact.

prh47bridge · 23/02/2023 15:46

Gwen82 · 23/02/2023 15:34

weren’t married? Or will you be divorcing?

Also not relevant for contact.

Gwen82 · 23/02/2023 15:50

prh47bridge · 23/02/2023 15:46

This is not relevant for contact.

no but if the op said he’d withdrawn financial support… I’d have hidden the thread!

InNeedofHelp11 · 23/02/2023 16:00

Thx you. I will Be specific. Didn’t want to make my post too long with actuals.

is your advice to submits the position statement as a time line or write a time line as ana appendices and position statement on its own?

OP posts:
CaramelMach · 23/02/2023 20:01

Look up welfare check list. Link your comments back to that as far as you can.

All the court care about (rightly) is the welfare of kids. Don't bring your needs into it.

Will try and find a link.

I've been through court process fairly recently happy to try and help but not a lawyer!

CaramelMach · 23/02/2023 20:02

CaramelMach · 23/02/2023 20:01

Look up welfare check list. Link your comments back to that as far as you can.

All the court care about (rightly) is the welfare of kids. Don't bring your needs into it.

Will try and find a link.

I've been through court process fairly recently happy to try and help but not a lawyer!

@InNeedofHelp11

CaramelMach · 23/02/2023 20:10

www.cafcass.gov.uk/grown-ups/professionals/private-law-cases/ scroll down to the welfare check list

Shitfather · 23/02/2023 20:26

Table of timeline in position statement showing date and event/description.

JustAnotherLawyer2 · 23/02/2023 20:27

A position statement is exactly that - your POSITION, i.e. what you are asking for.

It is not a witness statement. There is no need for exhibits, attachments or timelines. Merely a straightforward statement, no more than 2-3 A4 pages long (1.5-2 line spacing) saying 'I'd like X&Y to spend every Wednesday night with me from after school to before school on Thursday, and alternate weekends from Friday after school to Sunday 4 pm', and then a brief explanation - no more than 3-4 sentences - saying why this is in their best interests.

If the court wants evidence from you, it'll order you to produce a witness statement - until it does, it doesn't want it.

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