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Need advice on Court Papers
#1
Dear Members,

I applied for C100 for child arrangement and have received from papers from court with hearing date.

But it also mentions about position statement to be provided to the other party and court - Please can you advice if there is any format or what it should be?

This also mentions about safegaurding checks - what is this? Should I be concerned?

Please can you also advice how should I prepare for my hearing.

Your support will be much appreciated
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#2
No need to worry unless u got a bad criminal record and violent etc.

All jokes aside safeguarding checks are all routine. Position statement is worth doing as its letting firstly the court what you are asking for and secondly your ex partner.
There isn't much preparation for 1st hearing as if ex refuses contact they then do a another hearing 4 weeks later approx.

I gather you are representing yourself. what the forum will need to know is the age of the children as that can make a huge difference in what u can ask for and go about things.
They can advise potentially what u can possibly get or ask for
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#3
(07-27-2018, 07:25 PM)warwickshire1 Wrote: No need to worry unless u got a bad criminal record and violent etc.

All jokes aside safeguarding checks are all routine. Position statement is worth doing as its letting firstly the court what you are asking for and secondly your ex partner.
There isn't much preparation for 1st hearing as if ex refuses contact they then do a another hearing 4 weeks later approx.

I gather you are representing yourself. what the forum will need to know is the age of the children as that can make a huge difference in what u can ask for and go about things.
They can advise potentially what u can possibly get or ask for

Thanks for the reply.

My Child is 2 years old and I am just asking an overnight saty of 1-2 days, 1 complete time to spent with little one and 1-2 weeks holiday period in Year. Currently my ex has completely refused for overnight spend though she lets me meet on Saturday for 3-4 hours. On weekdays I pick her from nursery but that contac is 30min on best days and only 2 days.
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#4
There's some info on writing a position statement in the link below. Basically it is setting out your "position" at the time of the first hearing. It's an opportunity for the Judge to see what has happened since you submitted the application (if anything), what the brief history is and what you are asking for. So within it (at the end) you can set out what you would like in an order - much better than vaguely saying I'd like 1 or 2 nights a week - it gives you the opportunity to set it out as you would like it ordered. eg

Week 1 - 3pm Friday to 5pm Sunday and Wednesday 4pm to Thursday 9am
Week 2 - Monday 3pm to Tuesday 9am

This is more or less what I have - every other week-end and a midweek overnight - but in this case it is alternate Mondays and Thursdays so you don't have a short or long gap between week-ends and overnights. It gives 4 nights a fortnight (ie 2 nights a week) and would also work by the time your little one starts school as well. Depends whether you can collect at 3pm midweek - if not then 5pm maybe?

For holidays - I would ask for more than 2 weeks a year. It isn't just time to have a holiday but time when they live with you. The standard would be half the school holidays - I would ask for that but specified as the term time is above, to work around what you can manage.

eg

Holidays:

1 week at Easter, 1 week at Christmas, 2 weeks in the summer.
Progressing to half the school holidays when child starts school full time, as follows:

Half of each half term, keeping to regular week-ends with changeover on Wednesday midday
A two week and one week block in the school summer holidays. Weeks to commence 9am on the first Monday of the school holidays.
A week at Easter
9am 24th December to 11am 26th December in 2019 and odd years, plus an additional 5 consecutive days of Christmas school holidays
11am 26th December to 9am 28th December in 2018 and even years, plus an additional 5 consecutive days of Christmas school holidays

Child's passport to be held by Mother but made available on written request.

If you think your ex would be extremely difficult to agree which weeks in the summer you could even put weeks 3, 4 and 6 or weeks 1,2 and 5. So you know which weeks you have each year.

So basically you'd be asking for an order that gives regular contact for now and progressing contact with defined holidays, for when child starts school. You don't ask, you don't get. It may save a return to court in the future.

Welfare checks are standard - you should hear from Cafcass who'll make an appointment for a phone call. When you get that, come back on here for advice.

https://childlawadvice.org.uk/informatio...statement/
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#5
As she lets you have your 2 year old child Saturdays 3-4 hours. at first hearing if she point blank refuses. I would ask for every Saturday until next court date 10-4pm as an interim order
as this would gain trust and ease your ex partners anxieties. you can also say you are willing to attend a SPIP course if requested Smile

the trick of this is without ex knowing 4 hours have become 6 hours and when u get to later stages in court . it be so much easier for them to introduce overnights Smile as u been in contact weekly
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#6
(07-27-2018, 08:18 PM)warwickshire1 Wrote: As she lets you have your 2 year old child Saturdays 3-4 hours. at first hearing if she point blank refuses.  I would ask for every Saturday until next court date 10-4pm as an interim order
as this would gain trust and ease your ex partners anxieties.  you can also say you are willing to attend a SPIP course if requested Smile

the trick of this is without ex knowing 4 hours have become 6 hours and when u get to later stages in court . it be so much easier for them to introduce overnights Smile as u been in contact weekly

Well its not about anxieties she does not want that my child should be staying with me and allow minimal contact.

What is SPIP course Dodgy
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#7
That's what terms court uses. I been going court for last 4-5 years. we all know she isn't anxious just use them words as magiastrates always act on err of caution in all events Smile

SPIP course is Separated Parenting Information Programme : 4 hour course shows u how arguments and hostile behaviour affects children and to co parent and more stuff
idea is to show judges how child focused u are and u are willing to do anything . I done the course by way . Stuff like this makes family courts happy. u got to sometimes cast away your anger and issues and play the game.
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#8
(07-27-2018, 08:01 PM)Charlie7000 Wrote: There's some info on writing a position statement in the link below.  Basically it is setting out your "position" at the time of the first hearing.  It's an opportunity for the Judge to see what has happened since you submitted the application (if anything), what the brief history is and what you are asking for.  So within it (at the end) you can set out what you would like in an order - much better than vaguely saying I'd like 1 or 2 nights a week - it gives you the opportunity to set it out as you would like it ordered.  eg

Week 1 - 3pm Friday to 5pm Sunday and Wednesday 4pm to Thursday 9am
Week 2 - Monday 3pm to Tuesday 9am

This is more or less what I have - every other week-end and a midweek overnight - but in this case it is alternate Mondays and Thursdays so you don't have a short or long gap between week-ends and overnights.  It gives 4 nights a fortnight (ie 2 nights a week) and would also work by the time your little one starts school as well.  Depends whether you can collect at 3pm midweek - if not then 5pm maybe?

For holidays - I would ask for more than 2 weeks a year.  It isn't just time to have a holiday but time when they live with you.  The standard would be half the school holidays - I would ask for that but specified as the term time is above, to work around what you can manage.

eg

Holidays:

1 week at Easter, 1 week at Christmas, 2 weeks in the summer.
Progressing to half the school holidays when child starts school full time, as follows:

Half of each half term, keeping to regular week-ends with changeover on Wednesday midday
A two week and one week block in the school summer holidays.  Weeks to commence 9am on the first Monday of the school holidays.
A week at Easter
9am 24th December to 11am 26th December in 2019 and odd years, plus an additional 5 consecutive days of Christmas school holidays
11am 26th December to 9am 28th December in 2018 and even years, plus an additional 5 consecutive days of Christmas school holidays

Child's passport to be held by Mother but made available on written request.

If you think your ex would be extremely difficult to agree which weeks in the summer you could even put weeks 3, 4 and 6 or weeks 1,2 and 5.  So you know which weeks you have each year.

So basically you'd be asking for an order that gives regular contact for now and progressing contact with defined holidays, for when child starts school. You don't ask, you don't get.  It may save a return to court in the future.

Welfare checks are standard - you should hear from Cafcass who'll make an appointment for a phone call.  When you get that, come back on here for advice.

https://childlawadvice.org.uk/informatio...statement/
Charlie,

Much appreciate your detailed reply. I still need to get my head around school holidays as my child is just 2 years. So will look into it but very helpful. I will come back when I get call from CAFCASS

(07-27-2018, 08:31 PM)warwickshire1 Wrote: That's what terms court uses. I been going court for last 4-5 years. we all know she isn't anxious just use them words as magiastrates always act on err of caution in all events Smile

SPIP course is Separated Parenting Information Programme : 4 hour course shows u how arguments and hostile behaviour affects children and to co parent and more stuff
idea is to show judges how child focused u are  and u are willing to do anything . I done the course by way . Stuff like this makes family courts happy. u got to sometimes cast away your anger and issues and play the game.

Thanks , I am enlightened, this is what I need to prepare and learn before my court proceedings.
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#9
make everything about the child , its important for child to have stability routine to have a loving relationship with both parents

Whatever she says about you don't react. . don't play tit for tat. u only want to see your child
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#10
The SPIPP course is often ordered by the courts - doesn't cost anything. Some people do it themselves and pay for it before getting to court - give you brownie points :-)
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