Witness Statements, tips

[bujanin]

I know I'm thinking way ahead but I might try and prepare this (or some of it at least ) as I've struggled with the 'document' side of it .
When you provide evidence can you actually insert images of pics, text messages etc within the actual document itself or would you attach it within email .
I feel it would stand out more within the actual document although I appreciate it would up the page count so to speak

As I think is clear I am not a specialist and you weren't asking for my input but I am learning from the generosity of this forum and want to share what I've found. The position statement seems to be able to encompass a wide range of points and is used in preparation for the first hearing but I have used it as suggested by Ash to highlight one particular issue that I believe is of huge importance to the outcome of the case.
I found an example on-line which I'll try to attach and I have created a one page document.

I haven't seen examples of images being included but others will be able to speak to that. All the best.

https://childlawadvice.org.uk/wp-content/uploads/Position-Statement.pdf

 

[Ash]

That is a particularly short one! But yes they are brief and to the point. The headings aren't necessary for a position statement at all. It can be confusing when there are so many different examples online but it's perfectly acceptable to just put your name (Father) and case number at the top and the heading "Position statement". As per the example on here. And it's what Barristers do.

 

[bujanin]

In the end my solicitor asked me not to submit my grievance in a position statement and said that the barrister would take care of it. The order following the directions hearing is now calling for this point to be clarified with the school, which alone makes me feel as though a central issue is now being addressed.

I wouldn't have had the knowledge on a position statement were it not for the forum.

 

[BrassTacks]

I did start brain dumping my gatherings into a similar thread. Maybe it can all go under the Court Bundles sticky for ease.

I initially found a format for Witness Statements via the YouTube channel Survivor Diaries She does base her videos and advice on the Patriarchal Society and Pat Cravens 'Living with the Dominator' i.e. women vs men, but it's still a helpful resource for writing court documents.

Document writing is one of those things that feels a bit overwhelming at first. But using a particular layout, with sub-headings, gives you something to build on, and gradually, it all comes together.

My case was relatively straight forward. Once I'd gotten over the emotions, I kept things concise, professional and non-critical. And my difficulties and position were backed up with photos and screen grabs of messages using the obligatory exhibit designators, e.g. KYLE1, KYLE2 KYLE3 etc, etc.

Clarity and conciseness helps the court to navigate the information as the hearing progresses, so that really is key. Obviously, the grater the issues in a case the grater the complexity. But you definitely help your case by keeping things succinct and to the point.

I’d add: start at the end first
Imagine what you want to say to the judge at the end …. Like a summary.

Then ensure your points cover the position you’re getting to at the end in the summary.

I suspect then you may need to delete the summary at the end.

 

[MichaelFlatpoint]

Hi guys, just drafting my witness statement now and would like some general advice.

I am also concerned about layout of the statement. I’ve gone for a basic template which has headers that follow (sort of) the guidance on the gov website for this in the C120 form.

Instead of the many boxes, I’ve added these and made relevant comments under each:
Background
Family routine (including work and school)
Living arrangements
Fathers proposal

Is this a good way of doing things? Due to lack of communication from the court, I’ve been caught out with a short notice deadline, so need to act fast.

It’s also bizarre that I’m writing a witness statement for a relisted FHDRA and basically using my original position statement as a guide.

Thanks.

 

[MichaelFlatpoint]

Also guys, I have a heft of text messages I want to exhibit, but to save time and confusion, can I file this as one exhibit with multiple pages?

 

[MagicJ]

Also guys, I have a heft of text messages I want to exhibit, but to save time and confusion, can I file this as one exhibit with multiple pages?

Yes.

However the Judge's don't like to see reams of evidence & you may loose them in that.
You would be better served providing a select few messages where:

- The content is 100% in your favour
- There 0% negative for you including in any messaging that's not include but could be before/after that one

Guidance from the forum & my experience from my Solicitor seems to be that the fewer the better.

Hope that Helps.

 

[MagicJ]

Hi guys, just drafting my witness statement now and would like some general advice.

I am also concerned about layout of the statement. I’ve gone for a basic template which has headers that follow (sort of) the guidance on the gov website for this in the C120 form.

Instead of the many boxes, I’ve added these and made relevant comments under each:
Background
Family routine (including work and school)
Living arrangements
Fathers proposal

Is this a good way of doing things? Due to lack of communication from the court, I’ve been caught out with a short notice deadline, so need to act fast.

It’s also bizarre that I’m writing a witness statement for a relisted FHDRA and basically using my original position statement as a guide.

Thanks.

Yes.

Putting headings in, doing either 1.5 or double line spacing & numbering each paragraph.

The headings you've used are perfectly fine & in the last one you can also add a Draft Order to the appendix if making one yourself or add one from the Barrister if you have it.

Hope that Helps

 

[Ash]

Constructing the statement needs some thought - the exhibits should back up a point you make in the statement. So yes you can have multiple emails/texts as one exhibit, but that one exhibit should be relevant to the point you've made in your statement. Those headings are a good guideline but you can use whatever headings you want. The main purpose is to make it easier to read and break it down into readable, focused chunks. Background is a good one to start with.

 

[Peanut 21]

Also guys, I have a heft of text messages I want to exhibit, but to save time and confusion, can I file this as one exhibit with multiple pages?

I would choose out 3 or 4 very relevant messages. No one will read wads of messages.

A witness statement needs to be factual and in date order. Number each sentence so you can quickly and easily refer to points if need be.

Here's a sample layout for you:

IN THE FAMILY COURT AT (YOUR TOWN)
IN THE MATTER OF THE CHILDREN ACT 1989
AND IN THE MATTER OF (CHILD NAME) (DOB)
BETWEEN:
Applicant name
And
Respondent name

Witness Statement of Respondent/Applicant (which ever one you are) father (your name)

I, (your name), the applicant/Respondent (whichever one you are) father, will say as follows.

1)The facts set out in this statement are within my own knowledge save where I state otherwise. Where I refer to facts that are not within my own knowledge, I will give the source of my knowledge of those facts.

Background

2) This is the section you can use parts of your PS explaining the background on the relationship with your ex. How long you were together and when you separated for example.

If you have any emails, texts etc on any point at the end of the sentence put: Please see EXHIBIT A. You can then do a seperate header sheet listing the exhibits.

Background on current situation

This is where you can explain what has happened since the last hearing.

View on current situation

This is where you say how you feel about the current situation. You can use language like "I feel that/ I believe as it's based on your opinion rather than fact.
You can say something like "I believe that the children need a relationship with both parents".

Summarising and Moving forward

This is where you say what you want the outcome to be.

 

[Ash]

Advice I was given was choose the eight strongest pieces of evidence. One piece could be a text conversation of a few texts. I used highlighter pen on the messages, to highlight a certain point or phrase, and wrote an annotated not in the margin. Eg "this is untrue - the Judge actually said xyz as referenced in the next exhibit (c)".

 

[MichaelFlatpoint]

Thanks guys. Absolutely incredible help as per usual.

I’ll tweak things tomorrow before the 4pm deadline.

Last question - if my hearing does get adjourned, what happens to my witness statement? Obviously I’m working on worst case scenarios (as I haven’t heard anything). Will another order be sent out with another date for a statement? Or does this stand.

Thanks.

 

[Ash]

It stands and it sits there until a final hearing.

 

[MichaelFlatpoint]

Hi guys, submitted my statement with minutes to spare, only for the court to issue a new court date and extend the date for statement submission!

Oh well. I do feel like they’ve now seen what’s they’re up against, but I suppose it is what it is.

Can I file any further documents, or supersede documents?

 

[nothernsoul]

Well done mate.

Keep at it.

I'm at your stage myself.

Ive realised my sleep is suddenly improving. I've got the most important 3 weeks of my life coming up but I know I've done all I can over the last 15 months for my children.

Let me know if I can help in any way.

 

[Ash]

Did your ex submit her statement as well? They should be exchanged at the same time so neither sees the others statement first. As the deadline has been extended I suggest maybe emailing the court and stating you wish to withdraw/amend your statement so statements can be exchanged by the new date as you were rushed to finish it. But maybe get legal advice on how to approach that.

 

[MichaelFlatpoint]

The original order stated that it must be filed to the court and each other by 4pm and then was subsequently extended at 4:38 after i had submitted mine to both.

So i never received anything and they both had.

 

[MichaelFlatpoint]

The original order stated that it must be filed to the court and each other by 4pm and then was subsequently extended at 4:38 after i had submitted mine to both.

So i never received anything and they both had.

Is it worth emailing her and her solicitor stating the same? Or do i wait until i have permission from the court to withdraw/amend?

 

[Ash]

Ok - for future reference. If you haven't had anything from them or they haven't agreed a time to exchange, then only send it to the court and don't send it to the other side until they've either agreed a mutual exchange time or you've received theirs. Some Dads send theirs password protected and say they will release the password once the ex's statement has been received by them. If they won't exchange then you email the court and say statements haven't been exchanged yet - but still send it to the court by the deadline.

I think if I were you I would email the court now, copying in the ex's solicitor (does she have one) and say

Subject Heading: Case No: xxxxxxxxxxxx Witness Statements

Dear Sirs

As the date for witness statements to be exchanged and submitted was changed 38 minutes after I submitted mine to the deadline and statements were not exchanged, I wish to withdraw the statement I submitted and resubmit to the new deadline. I was unable to complete my statement satisfactorily due to trying to meet the 4pm deadline and wish to complete it properly and exchange statements, to protocol, in time for the new deadline of x day at x time. I would be grateful if you could confirm this is acceptable.

Yours faithfully



xxxxxxxxxxxxx"

 

[MichaelFlatpoint]

Hi ash, I’ve got no idea whether she has a solicitor or not at this point, so was forwarded to all parties.

Is it worth cc’ing her and/or the solicitor in the email to the court for approval?

Hindsight is 20/20 and it makes sense, i was just trying to ensure I didn’t get caught out.

Thanks again. The joys of doing things yourself

Ok - for future reference. If you haven't had anything from them or they haven't agreed a time to exchange, then only send it to the court and don't send it to the other side until they've either agreed a mutual exchange time or you've received theirs. Some Dads send theirs password protected and say they will release the password once the ex's statement has been received by them. If they won't exchange then you email the court and say statements haven't been exchanged yet - but still send it to the court by the deadline.

I think if I were you I would email the court now, copying in the ex's solicitor (does she have one) and say

Subject Heading: Case No: xxxxxxxxxxxx Witness Statements

Dear Sirs

As the date for witness statements to be exchanged and submitted was changed 38 minutes after I submitted mine to the deadline and statements were not exchanged, I wish to withdraw the statement I submitted and resubmit to the new deadline. I was unable to complete my statement satisfactorily due to trying to meet the 4pm deadline and wish to complete it properly and exchange statements, to protocol, in time for the new deadline of x day at x time. I would be grateful if you could confirm this is acceptable.

Yours faithfully



xxxxxxxxxxxxx"