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Court Bundles
- Thread starter Kyle
- Start date
If doing exchange of statements yourself, try and pin the other side down to a date and time to exchange statements by email. By means of a polite email in advance asking them to say what is a suitable date and time to exchange statements electronically, so the date and time can be agreed. They might just ignore you.
Point taken
I'm at an impasse with compiling my Court Bundle.
I have a section for Expert Reports and the template suggests adding CAFCASS reports.
I'm assuming this means the Letter To The Court from CAFCASS following their Welfare Checks but the warning attached to it regarding confidentiality and sharing is causing me doubt? It's been sent to all parties already via Egress so I shouldn't get in any hot water over adding it to my bundle should I?
WARNING: This letter is confidential and the rules of the court prevent it being
shared. There may be serious consequences if the information included in this
letter is communicated without authorisation and the court may need to be
informed.
An email to the court may be necessary to understand the direction better and get permission.
I have a section for Expert Reports and the template suggests adding CAFCASS reports.
I'm assuming this means the Letter To The Court from CAFCASS following their Welfare Checks but the warning attached to it regarding confidentiality and sharing is causing me doubt? It's been sent to all parties already via Egress so I shouldn't get in any hot water over adding it to my bundle should I?
WARNING: This letter is confidential and the rules of the court prevent it being
shared. There may be serious consequences if the information included in this
letter is communicated without authorisation and the court may need to be
informed.
An email to the court may be necessary to understand the direction better and get permission.
It's totally fine Kyle, it is a part of the proceedings, include it chronologically within all other matters such as that for that Section.
SS.
I've noticed when looking for examples of other peoples court bundle activity online that many are adding a photo of themselves with their child/ren at the back in the 'Other Documents' section. I think this is a good idea and shows the court what it's like for the child/ren when in the fathers care, especially if it's a nice photo of play or affection.
What do you all think of this?
Something else I made sure I did when the contact was initially blocked and allegations were being thrown around was to save screen-shots of her abusive texts and also her Facebook posts where she publicly accused me of abuse to the whole world.
She is already beginning to back-track and claim that she didn't say any of these things. That she never really denied me access she just wanted me to do a hair-strand test for alcohol consumption but I have screen-shots of all the text messages where she informed me of exactly what she thought of me and I would never see my son again.
Being not just mindful, but an advocate on here, of avoiding getting dragged into conflict and being seen to be actively working towards a resolution. Is it wise to keep hold of these screen-shots with a view to adding them to the bundle?
It's a fine balancing act between focusing on my son and a resolution and ensuring all my information is professional and non critical but also being extremely wary of her and having a defence to counter against her should the need arise.
What do you all think of this?
Something else I made sure I did when the contact was initially blocked and allegations were being thrown around was to save screen-shots of her abusive texts and also her Facebook posts where she publicly accused me of abuse to the whole world.
She is already beginning to back-track and claim that she didn't say any of these things. That she never really denied me access she just wanted me to do a hair-strand test for alcohol consumption but I have screen-shots of all the text messages where she informed me of exactly what she thought of me and I would never see my son again.
Being not just mindful, but an advocate on here, of avoiding getting dragged into conflict and being seen to be actively working towards a resolution. Is it wise to keep hold of these screen-shots with a view to adding them to the bundle?
It's a fine balancing act between focusing on my son and a resolution and ensuring all my information is professional and non critical but also being extremely wary of her and having a defence to counter against her should the need arise.
That's a measured and thoughtful approach Kyle.
Wrt to the screenshots; unless they are already supporting exhibits already provided to 3rd parties such as social or cafcass, or otherwise you have sought and have the agreement of the otherside for their inclusion (highly unlikely!), they cannot be included.
In my own experience, and then as a LIP, exhibits such as these already provided as a part of the S7 process were omitted by the otherside's sol for three consecutive FDR's. The refusal always was dressed up in legal jargon, and, even so, flatly rubbish. In the next Hearing I successfully got the ear of the DJ, to the extent that I was given a private email address and submitted them directly, gleefully copied to the o/s sol (tee hee!). The DJ reply left no doubt in anyone's mind that those very powerful testimonies via text of one of my children should always be in the Bundle thereafter
SS.
Wrt to the screenshots; unless they are already supporting exhibits already provided to 3rd parties such as social or cafcass, or otherwise you have sought and have the agreement of the otherside for their inclusion (highly unlikely!), they cannot be included.
In my own experience, and then as a LIP, exhibits such as these already provided as a part of the S7 process were omitted by the otherside's sol for three consecutive FDR's. The refusal always was dressed up in legal jargon, and, even so, flatly rubbish. In the next Hearing I successfully got the ear of the DJ, to the extent that I was given a private email address and submitted them directly, gleefully copied to the o/s sol (tee hee!). The DJ reply left no doubt in anyone's mind that those very powerful testimonies via text of one of my children should always be in the Bundle thereafter
SS.
I used things like that as exhibits to my statement - to show "the difficulty in making reasonable arrangements" as an argument for why there should be a defined order. If statements have already been finalised and exchanged you can't really do that now. However in my case I think we were allowed to add extra documents as evidence to the bundle, providing they were shared with the other side first and informing them we would also be including the attached evidence. But I can't remember whether they had to agree to it or not. I know with late evidence (which ex and her solicitor wanted to submit after the bundle had gone) they needed our agreement to include them.
How strong do you think your statement is? They may not be necessary. My solicitor was very anti photos being included and said courts don't really like that and they prefer written documents only. But that was just one opinion and I know others have included photos. The most important thing really is your statement and exhibits.
Sorry I haven't answered that question there about whether you can add other evidence that isn't an exhibit to the statement. Dig around a bit to find out and I will too.
How strong do you think your statement is? They may not be necessary. My solicitor was very anti photos being included and said courts don't really like that and they prefer written documents only. But that was just one opinion and I know others have included photos. The most important thing really is your statement and exhibits.
Sorry I haven't answered that question there about whether you can add other evidence that isn't an exhibit to the statement. Dig around a bit to find out and I will too.
My statement is as strong, clear, concise and child focused as I can make it. I have never mentioned these incidents to the court so far. But I will always have these texts in hard copy and as PDF's just in case. I have only made reference to the alcohol allegation itself in the statement, not how it was made or that it was accompanied by a raft of other threats and insults.
I'm not sure what else constitutes as exhibits in my case.
I thought the photo of me with my son may be a good way to show what the interaction is like between us but don't want to be seen as trying to emotionally blackmail the court or playing for sympathy.
I will add the photo when sending to my Barrister for consideration. If he picks me up on it then I'll take it out.
I'm not sure what else constitutes as exhibits in my case.
I thought the photo of me with my son may be a good way to show what the interaction is like between us but don't want to be seen as trying to emotionally blackmail the court or playing for sympathy.
I will add the photo when sending to my Barrister for consideration. If he picks me up on it then I'll take it out.
From my own experience 'exhibits' will be anything that is already referred to from within already exchanged statements. - emails, text message screenshots, photographs etc. To be within the final Court Bundle it must have been on documents previously shared or agreed. A document can still be included within a bundle that has not been previously agreed by the other party - or have objected to its inclusion - but it must be acknowledged as 'not agreed' in the opening index.
Photographs of when with our children and their inclusion to final evidence statements and the advice given by Solicitors to if being a good idea, is clearly subjective. Some suggest it as a good idea- others don't.
Mine did and on my original C.A.O. hearing we included about 4 relevant photo's within the final exchanged statements. My ex didn't include any and was very clearly disappointed she hadn't ! Not long afterwards for a breach of order hearing that I had to make, she submitted many photos as exhibits in her final statement - but not really relating or adding benefit to the central points of the hearing.
I don't think its emotional blackmail at all if you can include them as at the very least gives a visual reference of the central reason requiring court proceedings. A great happy photograph of your children with either you, family or friends does no harm at all if it can be still included.
Photographs of when with our children and their inclusion to final evidence statements and the advice given by Solicitors to if being a good idea, is clearly subjective. Some suggest it as a good idea- others don't.
Mine did and on my original C.A.O. hearing we included about 4 relevant photo's within the final exchanged statements. My ex didn't include any and was very clearly disappointed she hadn't ! Not long afterwards for a breach of order hearing that I had to make, she submitted many photos as exhibits in her final statement - but not really relating or adding benefit to the central points of the hearing.
I don't think its emotional blackmail at all if you can include them as at the very least gives a visual reference of the central reason requiring court proceedings. A great happy photograph of your children with either you, family or friends does no harm at all if it can be still included.
Exhibits can be any kind of document that backs up a point you make in your statement. Probably mainly prints of emails or texts to or from ex if relevent. But can also be something like a GP letter or other official document - a school record of attendance, a letter from the local authority. I had all three of those in my final statement. One to prove that child didn't have medical conditions she said he had. The other to show he had a very high attendance level at school (ex claimed he was permanently sick due to the bad food at my house!) If he hardly ever had a day off school, he could hardly be sick could he? the local authority one was over a specific thing.
In terms of emails, although I was avoiding being negative about the ex, solicitor suggested phrasing like "It can be very difficult to achieve co parenting and communication with Mrs Ex (see exhibits d and e) and for this reason a clearly defined order would be of benefit to my child to avoid conflict for child and minimise the need for communication. Then the two exhibits would be a couple of emails to and from ex. Mine politely asking to arrange something and hers a 2 page abusive rant.. That really helped! Putting things like that in.
I don;t think they have to be documents that have been shared before because most of my exhibits were not seen by the other side until statements are exchanged. When it's then too late (technically) for them to add new evidence counteracting yours. It's one reason it's so important statements are exchanged correctly - so the other side doesn't get to see yours first and set out to undermine your case by changing theirs or adding new evidence to counteract yours.
In terms of emails, although I was avoiding being negative about the ex, solicitor suggested phrasing like "It can be very difficult to achieve co parenting and communication with Mrs Ex (see exhibits d and e) and for this reason a clearly defined order would be of benefit to my child to avoid conflict for child and minimise the need for communication. Then the two exhibits would be a couple of emails to and from ex. Mine politely asking to arrange something and hers a 2 page abusive rant.. That really helped! Putting things like that in.
I don;t think they have to be documents that have been shared before because most of my exhibits were not seen by the other side until statements are exchanged. When it's then too late (technically) for them to add new evidence counteracting yours. It's one reason it's so important statements are exchanged correctly - so the other side doesn't get to see yours first and set out to undermine your case by changing theirs or adding new evidence to counteract yours.
Thank's for the views and experiences above. Where in the Index should 'Exhibits' go then? This is my Index currently.
Section A Preliminary Documents
Page A1: Case Summary
Page A2: Chronology
Section B Application forms and Orders of the court
Page B1 to B13: A copy of the Applicants application for a Child Arrangements Order dated.
Page B14 to B21: A copy of the Applicants application for an Enforcement Order in existing proceedings dated.
Section C Statements
Page C1: A copy of the Applicant’s Position Statement dated.
Page C2: A copy of the Respondent’s Position Statement dated.
Section D Care Plans
Pages D1 to D6 A draft copy of the Parenting Agreement (not agreed).
Section E Expert Reports
Page E1 to E12: A copy of the CAFCASS report dated
Page E12 to E22: A copy of the Hair Strand Test results dated
Section F Other Documents
Page F1: Photo: Me & My Son
Page F2: Screenshot: The Allegation Text Message
Section A Preliminary Documents
Page A1: Case Summary
Page A2: Chronology
Section B Application forms and Orders of the court
Page B1 to B13: A copy of the Applicants application for a Child Arrangements Order dated.
Page B14 to B21: A copy of the Applicants application for an Enforcement Order in existing proceedings dated.
Section C Statements
Page C1: A copy of the Applicant’s Position Statement dated.
Page C2: A copy of the Respondent’s Position Statement dated.
Section D Care Plans
Pages D1 to D6 A draft copy of the Parenting Agreement (not agreed).
Section E Expert Reports
Page E1 to E12: A copy of the CAFCASS report dated
Page E12 to E22: A copy of the Hair Strand Test results dated
Section F Other Documents
Page F1: Photo: Me & My Son
Page F2: Screenshot: The Allegation Text Message
In the same (lettered) section as a statement or report, i.e. they have been submitted as appendix to a S7 report, they follow the S7 report. Otherwise, they are in Section F and referred to as such in the Index pages.
HTH, SS.
HTH, SS.
Big help, thanks.
CAFCASS have not been instructed to carry out a Section 7 in my case. They have only completed welfare checks and advised the court via their follow up letter that they no longer see a role for themselves in proceedings and the court must decide what steps to take next.
So Section F should be fine.
CAFCASS have not been instructed to carry out a Section 7 in my case. They have only completed welfare checks and advised the court via their follow up letter that they no longer see a role for themselves in proceedings and the court must decide what steps to take next.
So Section F should be fine.
Exhibits are usually attached to and part of the statement (mostly). If there are additional exhibits they would be listed separately. I would have thought under statement, you would have a sub section listing all the exhibits attached to the statement. Then if there were any additional exhibits from either side they would be listed separately. I'll see if I can dig out mine from final hearing and see what the front sheet for the bundle looks like. Mine was done by a solicitor.