Court Bundles

[Kyle]

I'm about to start getting my head around putting my Court Bundle together. I thought sharing some of my experience might help others.

The Court Order attached to my Hearing Notice states that I, as the Applicant, must prepare a paginated digital bundle, with an index, in .PDF format containing all the relevant documents and I must file it at court by email and send copies to all parties no later than 48 hours before my next hearing.

The documents in the bundle must be divided into separate sections (each section being separately paginated and in chronological order (earliest first)) as follows:

A. Preliminary Documents;

• Page A1: The case summary
• Page A2: Statement of issues
• Page A3 to A5: A copy of the applicant’s position statement dated …
• Page A6 to A8: A copy of the respondent’s position statement dated …
• Page A9 to A10: Chronology

B. Applications and Orders;

• Page B1 to B15: A copy of the applicant’s application for a Child Arrangements Order dated …

C. Statements;

• Page C1 to C4: A copy of the applicant’s witness statement dated …
• Page C5 to C7: A copy of the respondent’s witness statement dated …

D. Care Plans (where appropriate);

E. Experts’ Reports;

• Page E1 to E20: A copy of the Cafcass report dated …
• Page E21 to E24: A copy of the respondent’s alcohol testing results dated …

F. Any other relevant documents;

• Page F1 to F5: A copy of the child’s school report dated …

 

[Hackedoff_dad]

Crikey I am assuming that you have a solicitor to do this? I am a LIP so the Ex's Legal Rep said she is doing it, so I think I might need a Barrister to do mine for me, not sure I can trust them to do anything other than run the clock down

 

[Kyle]

My order states;

If the Respondent is represented but the Applicant is not, then the preparation of such a bundle shall be the responsibility of the Respondent. If neither party is represented, then both parties must ensure that documents on which they intend to rely have been sent to the court and the other party in accordance with the direction order.

I have a Barrister and 'Consideration of a Court Bundle' is part of the work they will carry out for me but I still intend to familiarise myself with what it needs to contain so I'm not going in blind.

 

[StayStrong]

If the Applicant is a LIP and the Respondent represented ordinarily the Court Direction is that the Respondent's solicitor collates the Bundle. This is where dirty tricks contrary to Practice Direction 27A come in.

If both are LIPs then it is the Applicant to collate and ensuring that the Respondent is aware of document submission time frames, agreement on Bundle contents, etc.....AKA Practice Direction 27A.

SS.

 

[Hackedoff_dad]

I was just going to pay a barrister to do these pieces of work for me, do a bit of a risk assessment and see where to make the best cuts, what stage are you at with the bundle?

 

[Kyle]

This guy seems to have a good handle on things.

 

[Hackedoff_dad]

@Kyle Are you at the Final Hearing?

 

[Kyle]

@Kyle Are you at the Final Hearing?

Not officially no which makes me think that my Judge could be seeking to wrap things up soon hence the order for a bundle. (Although don't want to make the mistake of assuming anything).

 

[Hackedoff_dad]

Not officially no which makes me think that my Judge could be seeking to wrap things up soon hence the order for a bundle.

okay, I did the FDRHA a few months ago, ex's legal one is pushing for a fact find and the full thing, still not recieved the/or any order yet hopefully the next meeting in court will change the course of things, working full time and juggling my sanity and fitness, I have had to pull in a Barrister. I think that if the judge orders a bundle then I will go for it and get it done properly, I am guessing you get chance to question each others bundles?

 

[StayStrong]

There's only one Bundle. Unless dirty tricks apply, then the 2nd Bundle is produced and submitted, already at a timeframe disadvantage, and in danger of not been appended to the other Bundle by Court admin.

Kyle....a Bundle is always in use for whatever stage, it is merely added to with pertinent documents between Hearings and, of course, before Final Hearing.

SS.

 

[Kyle]

okay, I did the FDRHA a few months ago, ex's legal one is pushing for a fact find and the full thing, still not recieved the/or any order yet hopefully the next meeting in court will change the course of things, working full time and juggling my sanity and fitness, I have had to pull in a Barrister. I think that if the judge orders a bundle then I will go for it and get it done properly, I am guessing you get chance to question each others bundles?

We're all juggling work, life, sanity and court. You've got to simplify things to minimise mental damage to yourself. Think of it like a jigsaw puzzle and you're simply putting in the pieces one at a time. This way of thinking reduces the stress on yourself.

The court bundle is just another process. Just another path to walk towards that final hearing and the end of the struggle. Which should result in your Child Arrangements Order. And hopefully peace.

Both Applicant and Respondent parties can ordinarily reach an agreement regarding what should be included in the Court Bundle. If there is a disagreement, a summary of the points on which the parties disagree should also be included.

The aggrieved party can also consider preparing a supplemental bundle which includes the documents which are under dispute.

 

[Hackedoff_dad]

To me its nothing like a Jigsaw, more like knowing you have to get out of no man's land being bombed daily, snipers everywhere, not knowing if you are going to be ambushed by your own section, at times questioning your own sanity, nearly having heart failure looking at your bank balance, but some how you still manage to go forward with a broken heart, 3 bullets left in your pistol, tired and not making much sense as you have been in your trench for a few years, you sent a note out via a pigeon and hoping that it reaches the war room, then the next part of the big push (on a certain date) will involve at a massive cost a load of Flak and support fire to gain another 100m and dig in, then reorg make a plan then go again, constantly trying to limit everything and organise effectively, Jigsaws! hopefully I will do those with my kids after its all over, this to me is nothing like a puzzle its a sick game I don't really want to play.

This Forum is the trench I reckon.

War what is it good for?

 

[DW81]

I used an automated, pre-formatted online service for my bundle and it was perfect and very easy.

I don’t recall the name but just did a quick search and this looks very, very similar.

Preparation of Court Bundles for Family Proceedings

It states it is compliant with Practice Direction 27A but just double check.

It turned a daunting task into a very easy one.

 

[Kyle]

To me its nothing like a Jigsaw.

The jigsaw is just a metaphor. It could be used as the metaphor for a war itself. The strategy and tactics are the pieces.

The purpose of war is to impose our will on our enemy. And that's absolutely comparable in the family court process even though you're supposed to be making every effort to avoid further conflict and adopt the courts rose tinted spectacle world view of dispute resolutions.

For me personally, I have to keep myself in a sedate state of mind with benign metaphors and harmonious and rational advice because the other me is a force so terrible that there isn't a power on Earth that can stop it. If I adopt that mind-set, I stand to lose everything I am fighting for. That's what she wants. And I'm not going to give her the satisfaction of breaking me, no matter how long it takes.

In the words of Liam Neeson;

...I can tell you I don't have money, but what I do have are a very particular set of skills. Skills I have acquired over a very long career. Skills that make me a nightmare for people like you."

It is a sick game. It is a messed up, antiquated process that is presided over by people who have no Human skills. But the worst thing you can do is allow yourself to be broken. That's the objective of her war. To break you so she can impose her will on you. That is what you're fighting against.

 

[Hackedoff_dad]

Then just keeps going round and Round until everyone feels sick......

 

[Hackedoff_dad]

I have attached the court process flow, if you notice there is a few arrow flows towards the bottom which make life easier on the right to a MIAM, maybe you are like me falling through the mangle on the left after a FDRHA.....

 

[Hackedoff_dad]

I used an automated, pre-formatted online service for my bundle and it was perfect and very easy.

I don’t recall the name but just did a quick search and this looks very, very similar.

Preparation of Court Bundles for Family Proceedings

It states it is compliant with Practice Direction 27A but just double check.

It turned a daunting task into a very easy one.

I am guessing that was cheaper than a barrister also

 

[Ash]

Kyle this is a really useful thread - I’ll sticky it.

Hacked off Dad. Barristers don’t do paperwork like bundles - they advise, do court hearings and submit position statements and skeleton arguments for hearings. So if using a direct access barrister, you need to do the solicitor paperwork yourself (barrister might look it over but their role is limited).

Part of the court bundle is both parties statements which also go in the bundle, after statements are exchanged.

The one thing I think it can be helpful to hire a solicitor for - as a one off job - is exchanging statements because that is where some of the worst dirty tricks go on. Statements are supposed to be exchanged at the exact same time - so neither gets to see the others first and then changes theirs to counteract yours. If solicitors do it there is a protocol they have to follow and it’s done properly (usually electronically) at an exact time of day.

If you’re an LIP you may not get their statement. Then your case can be undermined. Statements have your evidence attached.

Once statements are exchanged , the bundle needs to be finalised and any other evidence either side wants to use has to be sent to the person preparing the bundle (and anything you’re using sent to them too). Once all evidence, documents and statements are collated the bundle can be sent to court.

As Stay Strong mentioned above - the other side often wants to sneak in last minute evidence after the bundle has gone (ie after reading your statement and evidence) - technically this is only allowed if both lawyers agree and then there’s a supplementary bundle.

 

[Hackedoff_dad]

Kyle this is a really useful thread - I’ll sticky it.

Hacked off Dad. Barristers don’t do paperwork like bundles - they advise, do court hearings and submit position statements and skeleton arguments for hearings. So if using a direct access barrister, you need to do the solicitor paperwork yourself (barrister might look it over but their role is limited).

Part of the court bundle is both parties statements which also go in the bundle, after statements are exchanged.

The one thing I think it can be helpful to hire a solicitor for - as a one off job - is exchanging statements because that is where some of the worst dirty tricks go on. Statements are supposed to be exchanged at the exact same time - so neither gets to see the others first and then changes theirs to counteract yours. If solicitors do it there is a protocol they have to follow and it’s done properly (usually electronically) at an exact time of day.

If you’re an LIP you may not get their statement. Then your case can be undermined. Statements have your evidence attached.

Once statements are exchanged , the bundle needs to be finalised and any other evidence either side wants to use has to be sent to the person preparing the bundle (and anything you’re using sent to them too). Once all evidence, documents and statements are collated the bundle can be sent to court.

As Stay Strong mentioned above - the other side often wants to sneak in last minute evidence after the bundle has gone (ie after reading your statement and evidence) - technically this is only allowed if both lawyers agree and then there’s a supplementary bundle.

need to look into this then good to know, another price but no doubt worth it

 

[Ash]

So if possible - I think it’s good to get a solicitor for a one off job- to exchange statements and prepare the bundle for sending to court (ie decide whether the other side can submit later evidence or not). And use a direct barrister for the hearing.

Even if you just use a solicitor for exchanging statements it can help.