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TOPIC: position statement no statement of truth from the

position statement no statement of truth from the 5 years 3 months ago #57903

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Hi All,

Last minute preparations ahead of the hearing this week and today I receive a position statement from my ex that she was ordered to do for the hearing in October but has suddenly decided to produce it now

however upon reading the utter rubbish I notice no statement of truth it is also dated the 3rd but just got today 6 days later ....

is this useable in court with no declaration ?? she has a solicitor and barrister and the statement is wrote in 3rd party

I want to write the judge a short letter about the context of the last minute statement but also want to mention about it not stating it is the truth

what do you think ?

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Started the Court process at the beginning of the year (2014) applied for full residency.

Acting as Litigant in person - Over the Moon
All my children now under one roof forever

Final Order Dec 2014 Full Residency to Father

position statement no statement of truth from the 5 years 3 months ago #57909

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Hi eric, good luck for this week, I know it's been a long time coming.

At this stage, I wouldn't point this out to the court, they will likely consider it irrelevant.

Good luck to you both :)

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Mum and Step Mum, supporting my partner through the Family Court maze. I feel passionately about children having a right to a relationship with both parents and am currently in training to be an MF.

position statement no statement of truth from the 5 years 3 months ago #57914

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THANK YOU

we are in a even better position this morning having learnt that the cafcass officer has again in a new statement stated the children should live with us it's my older daughters wish and that they have been further exposed to risk with the ex that she shows complete lack of insight and has lied to the court this in a professions statement is helpful towards believing that justice may very well be done

no doubt we will feel like we have done 10 rounds in a boxing ring but as long as the children come put winning I'd do it all over again ;)

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Started the Court process at the beginning of the year (2014) applied for full residency.

Acting as Litigant in person - Over the Moon
All my children now under one roof forever

Final Order Dec 2014 Full Residency to Father

position statement no statement of truth from the 5 years 3 months ago #57915

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That's great to hear. Best best best of luck to you :)
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Mum and Step Mum, supporting my partner through the Family Court maze. I feel passionately about children having a right to a relationship with both parents and am currently in training to be an MF.

position statement no statement of truth from the 5 years 3 months ago #57932

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Here's a link to procedure concerning statements of truth

www.justice.gov.uk/courts/procedure-rules/civil/rules/part22

Would it be worth drawing the courts attention to it? I'm not sure, they could just ask her to amend it, or they could throw it out!

I think at this stage, with the most recent recommendations from the CAFCASS officer, it's pretty irrelevant and will just cloud what should be a fairly straight forward exercise, given the strength of your position now.

As the hearing is tomorrow, no time to write to the court about it but you could bring it up if they want to rely on its contents....although I doubt their petty arguments will make an difference to the outcome, they are pretty futile given the current situation.

You know I will be thinking about you all tomorrow, we here on the forum are all right behind you and sending lots of positive thoughts and wishes for the right outcome, it's what you and the children deserve!...x
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Mum and Grandmother, supporting my son who has residency of his son.
I want to see a much fairer system in place, where Dads and their children have a voice that can be heard.
There are many groups of people that have equal rights within our society and its about time Dads were given equal rights too.

position statement no statement of truth from the 5 years 3 months ago #57947

Good luck with the hearing dude.

Haven't seen you around the forums for a bit, but glad that you are well. Hope you get the desired outcome :)

Simon.

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A dedicated dad travelling the lonely road to secure the relationship with my son that we both deserve, while helping other lonely travellers along the way.

position statement no statement of truth 5 years 3 months ago #58008

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sadly it's not over yet - but it definitely will be next week once done will come and report back

it was a day from hell and it was so clear what the right judgement should be but after 9 hours still no judgement - see why it can go over two days sadly with courts being so busy their is a wait and delay but just for verdict and order no more can be done,

every other hearing has been very mild compared to this one I do have to say the cafcass officer could not have tried harder to get the children to live with me she and the children's solicitor battled like mad ... we are very grateful and if we don't end up with the children it's not because of cafcass

I really did think at the start they were against me but just have to stay so neutral it makes you anger but then you see the bigger picture and it makes sense

I life has been in limbo for the last year but now more than ever sad thing is I do have to confess if the Ex keeps the children with her and the control she will make my life even worse and it will become even more difficult as nothing to warn her with to safeguard the children, the police, social service have so far allowed her to keep them and taken ' no further action' even without seeing the children most of the time,

oh by the way her barrister made her swear on oath about her statement the judge made a passing comment and that was it .... takes the piss the can just get away with so much
can not wait for the children to be older then they can decide but in turn they would have lost so much of their childhood :dry:

thanks all
sorry not posting much been reading and willing you guys on it's so draining just hope i'll be reporting good news

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Started the Court process at the beginning of the year (2014) applied for full residency.

Acting as Litigant in person - Over the Moon
All my children now under one roof forever

Final Order Dec 2014 Full Residency to Father
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position statement no statement of truth 5 years 3 months ago #58012

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Hey Eric, I'm so sorry you didn't get a final judgment at the hearing. One more week must be torture for you all. Rooting for you for next week. Thanks for updating us. :)

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Mum and Step Mum, supporting my partner through the Family Court maze. I feel passionately about children having a right to a relationship with both parents and am currently in training to be an MF.
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