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Position Statement Help

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Crazydiamond

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Hi. I have a long story with my ex, who stopped me from seeing my child for 2 yrs. Social services got involved, eventually the child was put onto public law outline. To stop this from going any further I put a c100 into the courts.
I know have contact with child via the private court case, the court has now asked for a position statement, to be given to the court and relevant parties involved by 13th of January.
What I am going for is 50/50 shared care with a lives with order. To do this and word it correctly I am looking for some help and guidance. I do not want to mess up my chances.
I do not have a solicitor, thank you
 
Hi. Happy to help with writing the position statement if you PM me.
 
Also there's a sample position statement in resources on the top bar. It's for an enforcement hearing but the layout and style is the same. Should give an idea of the type of thing.

www.dadswithkids.co.uk

Sample Position Statement

Attached is a sample position statement. Click on the "Download" link top right. Note this is NOT a full statement for a final hearing - that is more formal, about 8 pages long and refers to exhibits and evidence. This is a "Position...
www.dadswithkids.co.uk www.dadswithkids.co.uk
 
With the Amazing insight and help from Ash, small steps, going in the right direction, towards the goal that I am going for. Ex tried to stop my new partner meeting my son, through a prohibited steps order. She lost that. My partner is going to be meeting my son in a weeks time. Next hurdle is overnight stays then hopefully a 50/50 with lives with order. I had the belief that family courts sided with the mother, only those who could afford decent solicitors, got something from the courts, my experience is that's not the case. Stay grounded, and be child focussed.
Yes it can be hard, writing out statements for court etc when you are in the box, taking things for granted. etc it tales someone looking from the outside in, to bring everything into perspective.
 
Crazydiamond said:
With the Amazing insight and help from Ash, small steps, going in the right direction, towards the goal that I am going for. Ex tried to stop my new partner meeting my son, through a prohibited steps order. She lost that. My partner is going to be meeting my son in a weeks time. Next hurdle is overnight stays then hopefully a 50/50 with lives with order. I had the belief that family courts sided with the mother, only those who could afford decent solicitors, got something from the courts, my experience is that's not the case. Stay grounded, and be child focussed.
Yes it can be hard, writing out statements for court etc when you are in the box, taking things for granted. etc it tales someone looking from the outside in, to bring everything into perspective.
Click to expand...

Congratulations on the progress you have made. I really like the attitude you express in your post. At the risk of putting a downer on things, it sounds like there is a long way from here to where you want to get.

Sadly, there is truth in the idea that courts are bias in favour of the mother and Litigants in Person are massively disadvantaged. The public law outline may well work in your favour, but court decisions are not always fair or even coherent.

If your case is not reserved to a particular judge, please try to get it reserved at any point a judge is handling things sensibly. Progress can be lost totally every time it goes to a new judge.

I hope all of your remaining "small steps" are successful and congratulate you again.

Ash, I take my hat off to you, you were plainly a great help to CD.
 
Peanut 21 said:
What did your ex put as a reason to stop your partner meeting your son?
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Jealousy , to also try and keep control. In a way its financial abuse, knowing that its too cold to be out and about with him, cant take him home, option for me is softplay, to keep him warm and dry
 
Resolute said:
Congratulations on the progress you have made. I really like the attitude you express in your post. At the risk of putting a downer on things, it sounds like there is a long way from here to where you want to get.

Sadly, there is truth in the idea that courts are bias in favour of the mother and Litigants in Person are massively disadvantaged. The public law outline may well work in your favour, but court decisions are not always fair or even coherent.

If your case is not reserved to a particular judge, please try to get it reserved at any point a judge is handling things sensibly. Progress can be lost totally every time it goes to a new judge.

I hope all of your remaining "small steps" are successful and congratulate you again.

Ash, I take my hat off to you, you were plainly a great help to CD.
Click to expand...
Thank you. the PLO is over ,he is back on child in need, that is a good point regarding reserving judges, will look into that, judge was a female, she was very understanding , the previous ones were men.
 
Understand you can't say too much mid process :) I think social work report helped (if it's ok to say that)
 
Crazydiamond said:
Jealousy , to also try and keep control. In a way its financial abuse, knowing that its too cold to be out and about with him, cant take him home, option for me is softplay, to keep him warm and dry
Click to expand...
Did she actually put that!!? I only ask because I'm in your partners position. Our agro started 4 years ago though and the worst the ex said about me was that my partner shouldn't be spending time with me when he has the kids. If your partner ever needs to rant point her in my direction 🙂
 
Crazydiamond said:
Thank you. the PLO is over ,he is back on child in need, that is a good point regarding reserving judges, will look into that, judge was a female, she was very understanding , the previous ones were men.
Click to expand...

I get the sense you are very cautious about sharing details and I respect that entirely.

I have a friend who was in your situation and now has his two girls living with him full time. Social Services were pushing and pushing to make things work with mum, kept giving her very low bars to jump over and saying things could improve.

The impression you make on social services is massively important. Willingness to work with them and accept their input is essential to success.

In the end, he had to just take his kids and deal with court issues after the event. Having a Social Worker who trusted him and knew him worked massively to his advantage. As did the kids response to him in Social Worker's presence. If your situation has as many moving pieces as his did/does, a very careful and reflective long game is in order. But, if mum can pull her sh*t together to any degree, services are liable to indulge her.

You are likely to be in mum's firing line if you are not already, be ready and willing to jump through whatever hoops are put in front of you.
 
Peanut 21 said:
Did she actually put that!!? I only ask because I'm in your partners position. Our agro started 4 years ago though and the worst the ex said about me was that my partner shouldn't be spending time with me when he has the kids. If your partner ever needs to rant point her in my direction 🙂
Click to expand...
Sorry i missed the word put, she counteracted the c100 with PSO, the judge at the time stated that she would need a very good reason. That she did not have, was her spite, to control and jealousy that I moved on.
 
Another update. In court yesterday, where Mam tried to stop overnight contact. Judge went by Social services recommendations, contact to stay as it is. With the recommendation, of every other weekend plus an additional overnight stay`s during the week. It also seems that Social Services are more biased towards mam. Don't know if this is because my boy is under Social Services with frequent visits to her, using that time to manipulate the SW. It`s time I started to be more vocal with them, more so when I have recorded telephone calls, of her threating to stop overnight contact. with my boy screaming / crying at this, he is already been on SS child protection for risk of emotional harm, also there are words that point to parental alienation.
Final hearing in 6 weeks or so. judge wants 8 page statements, do not know how she will manage to produce this at court. Pleased I have Legal aid and a solicitor who dealt with this from the start of the P.L.O proceedings.
 
Sounds like the Judge has it sussed at least. Yes your ex will be laying it on thick with social services. These feminists are all for "Mothers and children" - a phrase bandied about a lot - as if Fathers don't count. I think they are incapable of seeing anything other than a Mother as important. But also social services get skewed thinking. Whatever the Mother is doing, they worry it will affect the child - so what do they do? Side with the Mother thinking they are protecting the child if Mum gets her own way and is happier. Skewed logic. That's why courts are needed - social workers can be easily manipulated by Mothers in this way and they don't see it. Courts will stand for no nonsense.
 
This is seeming to mirror my ex and the start of her extream behavior.
  • Ex found out , after 7 months after being apart for 3 years, i had new partner. - tried a PS order simply because my partner was over 40 with no kids so obviously must hate children. Got dismissed.
  • Did everything to frustrate contact, multiple CA orders and Enforcement hearings.
  • Kept kid off school for 2 months to stop me picking up from school as part of CA Order.
  • Kid making fictitious claims of assault, by me to school. School call social services.
  • Social Services quickly find the child has been coached to make this up, they are now involved.
  • Ex keeps up campaign, SC now use the words alienation.
  • SC take out child protection order, ex is warned to stop her alienation, of course she ignores and carry's on.
  • SC take me and ex to court and seek a change of residency and make kid a "Looked after child", SC now have parental care.
  • Child is now in my care and has been for 4-years now.
  • The ex.. well that's known history on here and she isn't a problem for us anymore.
To me it looks like you are on the same route so you should be mentioning the words Change of Residency order to SC.
 
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