help, last minute court hearing scheduled and requested position statements

[1yearandcounting]

Hi,

Sorry if this sounds urgent but to get right to it, been in the court system for 2 years, final hearing has been rescheduled twice now to next month. Guardian involved, local authority involved, section 7 and 47(nothing to do with me), parenting assessments, no fact find(ordered but afterwards was seen as not necessary even though allegations are wild)

Just got told last Tuesday that those dates have been scrapped alongside any other dates due to a new higher level judge being allocated and a DRA scheduled for this Friday. Have theories as to why this may have occurred but until I get there on Friday nothing will be known for sure, nothing to do with the other side or guardian.

I have to write a position statement which in itself is fine but the wording of the new order is making me question if I need to cite laws or cases which being LIP, I don't want to come across as a know it all or anything of that nature if that's not what it is asking and risk it affecting my chances.

"...detailed position statements which set out their proposals for the future management of the case and any legal arguments supporting them."

if anyone could let me know whether to cite things like "Re K (Shared Residence Order) [2008] EWCA Civ 526" or citing the welfare checklist sections which allude to my situation.

Thank you

 

[Ash]

I would just do a position statement as you would for any other hearing, and yes it would be ok to mention the odd bit of caselaw. Have you been LIP throughout and have you done position statements before?

A PS can be seen as speaking to the Judge directly - ie anything you want the Judge to know - they may not be up on the case. so it could be a precis of where the situation is at now, what the current situation is and what you propose happens next and what you want the court to do.

It seems a strange phrase "set out their proposals for the future management of the case"? Case management is usually done by the courts - and having the same Judge throughout helps (although a new more senior Judge sounds good).

I would think as part of it you would want to say that you want the next hearing to be a final hearing with witness statements and evidence (ie the hearing after this upcoming one) and mention anyone you want in attendance - eg Guardian, social worker etc. Because you might want them cross examined at a final hearing IMO.

 

[1yearandcounting]

I would just do a position statement as you would for any other hearing, and yes it would be ok to mention the odd bit of caselaw. Have you been LIP throughout and have you done position statements before?

A PS can be seen as speaking to the Judge directly - ie anything you want the Judge to know - they may not be up on the case. so it could be a precis of where the situation is at now, what the current situation is and what you propose happens next and what you want the court to do.

It seems a strange phrase "set out their proposals for the future management of the case"? Case management is usually done by the courts - and having the same Judge throughout helps (although a new more senior Judge sounds good).

Thank you for the reply, I became LIP after 15 odd months, money ran out. Done 2 position statements since but with this new judge calling for a DRA and cancelling everything else he may be trying to get up to speed with the case. I have a feeling the previous judges work who was the judge since the start may be under intense scrutiny, she has a articles about her behaviour in court, wont use her name. She wasn't pro me or the other side though.

Thats what I felt when i read it, especially when its asking for legal arguments to support

 

[1yearandcounting]

Im requesting for it to be a final hearing because the worry im having right now is this judge says yes to a fact find because the other side said she got pressured by the courts into agreeing not to do a fact find which is gonna add more waiting time unless they can get it all booked in asap. Something i think we all know wont happened easily. I am contemplating saying to them that ill put my allegations aside and they can just go forward with hers if it halves the time taken to do it but I dont know if this will be viable or seen unfavourably by the courts.

Her false allegations being as wild as they are and outright lies, will be easy to disprove so I'm not worried about going against that and I have no care for proving mine to the courts if we were already more or less at shared custody from 1 hour supervised contact 2 years ago. I just want this to be over

 

[Ash]

So that's probably what he means by proposals for "case management". ie both sides tell him what they want to happen next. And you can propose a final hearing - with reasons. The other side might propose a fact find.

Has there been a hearing to submit allegations and responses yet? Because you also want allegations dismissed before a final hearing IMO.

 

[1yearandcounting]

yep, we did the allegations and responses a year and a half ago, the previous judge deemed the mothers side of allegations and responses to lack for better words and found both sides allegations to be historic and wont affect the little one because of our separation safeguarding her welfare giving only the mothers side an option of doing fact find or not, she said no.

This no has been contested by herself(wont go into this, trying to be vague) and the guardian who refuses to give any recommendations because of a lack of "factual matrix" which goes against me right now so i wish they just did it 2 years ago.

im thinking just cite Section 1(2): "In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child."

 

[Ash]

Ok so allegations have already been dismissed. The delay sounds to have been caused by a Guardian who hasn't made any recommendations.

Are you seeing your children at all? If not then I would be pushing for an interim order for progressing time at this next hearing.

I would get a position statement written first and then worry about adding case law afterwards.

But yes delay is not good for the children and you can cite that.

 

[1yearandcounting]

Only got the one amazing lil girl. I have currently what I imagine most people would be really content with already which is every other weekend from friday to monday morning and every wednesday for 3 hours, split holidays currently which is crazy to write because two years ago at the start I was being stopped from being on the birth certificate(complicated as to why i wasn't on there, to do with personal safety), having PR and no contact, indirect or otherwise proposed from the mom. I've been recommended 50/50 from the parenting assessment by LA which the mother agreed to but now flipped again stating reasons as to why she felt like she had to agree etc

allegations have been dismissed by the previous judge but every hearing we have had since has revolved around doing fact find being proposed by guardian and mother so its looking like this may be the crux to it all.

I need to make sure I can keep my little one safe and give her everything she deserves and more no matter what.

Its been a crazy journey with unexpected turns and emergency hearings, i was told at the start my case would probably only last 9 months, 12 max.

These forums have been a god send over that time so thank you

 

[Ash]

So if you're getting regular time 4 or 5 nights a fortnight, why on earth are they wanting a fact find? What grounds are there, if you're clearly no risk to your child? Do you think the Guardian is just siding with the Mother? Why was a Guardian appointed in the first place, do you know?