Separated Dads
Advice on Position Statement submitted - Printable Version

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Advice on Position Statement submitted - andynumpty - 08-18-2019

Ok, so we have a hearing on the 27th August and a Court letter states this:

"Applicant and Respondent to file and serve short position statements as to that issue within 14 days to be determined on representation"

So if the hearing is on the 27th does that mean 14 days before the hearing, by the 13th August or just anytime within 14 days before the hearing?

I submitted mine on the 13th to Court, ex and her Solicitor but received nothing from them as yet.


RE: Advice on Position Statement submitted - CFC - 08-19-2019

Unfortunately you have submitted your position statement to the other side, which means that they can now review it and amend theirs accordingly...

While the Court order in your case states "Applicant and Respondent to file and serve short position statements as to that issue within 14 days to be determined on representation", it is common for some parties not to follow the rules with no immediate consequences. In order to avoid any competitive advantage, it is always best to submit to the Court according to the required timescales, but do not exchange any statements with the other party (whether represented or not) until their are ready to exchange theirs.


RE: Advice on Position Statement submitted - SeanS - 08-19-2019

also if there is any ambiguity around the date/time...as much as one would hate it, but better to reach out to the other side and agree the date/time before hand, so that you would then have some trail to show if need be...in my case my court would always specify the date and time which my ex is happy to comply !


RE: Advice on Position Statement submitted - andynumpty - 08-19-2019

Hi,
I did email ex's solicitor to confirm what were the date required but they chose not to reply.


RE: Advice on Position Statement submitted - andynumpty - 08-19-2019

Can I just ask that according to the wording in the Order should the position statements been submitted by the 13th August, the wording is a bit confusing to me?


RE: Advice on Position Statement submitted - Astroman - 08-20-2019

My solicitor advised any statements should be filed at the last possible moment so that it limits the other side to have the “heads up” and respond.