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Late position statement. Is this allowed?

10 replies

Honeypot257 · 25/08/2023 12:24

Hello
the courts ordered a position statement. I sent my position statement on time. My ex had not sent their position statement on time. They sent it a week later in the same order as mine addressing all my concerns and manipulating the narrative.

is this allowed?
Surely this has given them an advantage. They have now changed what they admitted to previously to Cafcass in this position statement and has taken a complete different stance after seeing mine.

OP posts:
SummerDayz47 · 25/08/2023 19:23

Thai is what DPs ex did. Not one single
submission was on time. She also lied. There was no comeback but I will
say that DP got a favourable outcome.

Mumof3confused · 25/08/2023 22:10

This is what my ex’s solicitors did too. Nothing on time and the position statement was sent to me at 6pm on the day before the hearing (which was scheduled for 9am). Not a word was said about it by the judge. It contained new allegations and all sorts. The family court is like the bloody Wild West.

Igmum · 26/08/2023 06:55

Yup. My ex did this repeatedly and also showed all the materials to his mother and sister who decided to give evidence and address the issues as well. Not a peep from the judge. It's appalling.

Honeypot257 · 26/08/2023 06:57

@Mumof3confused @SummerDayz47 did any of you raise this in court?

isnt doing that a breach of a court order?plus I’m pretty sure a position statement is about what your asking for not disproving what the other party has put in there’s

OP posts:
prh47bridge · 26/08/2023 09:09

You are correct that a position statement is supposed to set out what you want and why you want it. The idea is so that the judge can see quickly what the issues are. Anything else he has put in his statement should be disregarded.

Honeypot257 · 26/08/2023 12:23

@prh47bridge am I able to ask the courts to disregard the irrelevant things they have said. Also am I able to address that fact they sent it late because it was officially order by the court and it clearly is responding to my statement.

OP posts:
SummerDayz47 · 26/08/2023 14:25

DPs solicitor raised it. But that and the proven lies were glossed over. I do think tho that it painted a picture of a very unreasonable co-parent and DP did get a favourable outcome and actually came away with 50;50 for holidays when he had initially only asked for 4 weeks.

sunshineandrain82 · 26/08/2023 21:18

Judge commented on ex not sending one like ordered and asked ex if they wanted to do one now. As in present it verbally at that moment in time.
Shouldn't be allowed but after 12 years we don't expect anything to be done correctly. Although we did have a positive outcome

Mumof3confused · 01/09/2023 08:57

Are you both litigants in person? I am, and I feel his solicitors are taking full advantage of this. They don’t come me in on communication sent to court/the judge either unless I chase and chase - totally against the rules. There are no repercussions so they keep getting away with it.

TizerorFizz · 01/09/2023 11:40

@Mumof3confused Your ex is paying for a service. You are not. If you did, your solicitor would work in your interests. It’s how the system works.

You address what’s in the position statement by questioning in court. Not your position statement. That should state what you want and why. Do not rehearse the case in a position statement. You need to work out how to question in court to point out the incorrect assertions. Judges are not stupid. They see inaccuracies all the time and false accusations. No court is perfect when dealing with allegations and the family court looks at probability in reality. Keep very clear about what you want, back it up with facts, and don’t get drawn into a slanging match with a solicitor or barrister. It will be negative for you.

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