Hi,
I've just got back from the first hearing, I was representing myself, she also had no solicitor (but is taking 1 to the second).
Have to say I feel exhausted and pretty negative after that. The judge (I don't think she was an actual judge like) was extremely patronising, more or less dissmissing my reasons for wanting a contact or and saying I should be putting Ellie first. Clearly I wouldn't be in court if I didn't feel it absolutely necessary! I confirmed the main reason was to protect Ellie and to give her security of knowing that she will continue to see me.
She went on to suggest mediation, and we adjourned to a session with a mediator, who was trying to get us to agree to attend mediation. Ellie's mum has changed her tune and wants to attend mediation, however, I don't and when we went back into court I confirmed I wouldn't want to do this because:
A) It was me that organized mediation 18 months ago, attended the initial session, only for Ellie's mum to refuse to attend the joint session. In addition she'd told me that she wouldn't stick to a mediated agreement anyway and would drag it out so that it cost me more money (I had to agree to pay for it to get her to go!)
B) Because i'm not looking for anything more than I've already got. All I want is court ordered contact so that Ellie's mum can't threaten to stop me having access. Ellie is 9 and so is now aware of what is going on and is getting upset, particularly when she's told by her mum that she won't be seeing me (that's happened recently).
So basically, the judge has noted my "refusal to attend mediation" and made her feelings about this known.
So, as i'm representing myself I need to prepare bundles for the 2nd hearing, but by 16/11/11 I have to serve a "position statement" to her and the court.
Can anyone give me any guidance and what form that needs to be on, and also what I should put on it please?
Have to say I'm now extremely worried that the court will look on my case much less favourably and may refuse an order. Can this happen?
Hi tim,
I'm hopefully going to be able to give you some help on the statement at the end of this post.
The Judge, was likely a Legal Adviser. So allow me to clarify: She was annoyed at you for wanting your Contact with Ellie to be put into an Order, because you already have had this contact?
Also what you have to remember Tim, is that Courts cost money (to me and you) and they are eager to stop being used to settle disputes between grown ups. 🙂 Well done for taking it to Court maybe one day they might be able to say about the bitter parents who are the responsible ones for this cost.
I don't know if you have seen my posts on here regards to mediation and that agreements made through mediation should be returned to court at the first hearing to be put into the legally binding document.
For Your Case
Given that you are preparing statements, it is almost certain that this is being taken to a final hearing.
For this you will need to prepare your Statement to the Court. This statement unless the Legal Adviser directed otherwise should be submitted along with: A Contents/Index Page, Copy of the C100 Application, CAFCASS Report, Previous Directions Orders, The Order made that you make a Position Statement, A Copy of your Position Statement. Note: This bundle also goes to your ex.
For your Position Statement on Page 1 you will need to have a Cover page that details: The Court the Hearing is to take place in. A Case Number, The Words Family Division underneath the Court the Hearing is to take place in. The name of the child and their date of Birth. Below that the Words to be similar to:
BETWEEN:
[YOUR NAME] (The Applicant)
AND
[YOUR EX PARTNERS NAME] (The Respondent)
STATEMENT OF [YOUR NAME]
Put a line under this then at the base of the page, use the following words:
I [YOUR NAME] of [YOUR ADDRESS] make this statement believing the contents to be true, accurate and in the knowledge that it will be put before the court and that it may be examined on the basis and points for which are enclosed.
Part 2
You will need the Title of Background
Underneath this have several bullet points. The first bullet point will disclose to the Court i) the dates yourself and your ex separated and [if its true] the words: we had left with an amicable arrangement and agreement on the best interests for our [Son/Daughter CHILDS NAME] and again if true: I had been an involved and supportive Father to [CHILDS FIRST NAME] and his/her needs.
The next bullet points need to state i) What were the agreements for contact ii) What provisions you made to pay maintenance/support iii) any changes to contact arrangements and iv) what has happened where contact has been missed and what resulting factors happened i.e. was the time made up, did you not get the time back etc. v) previous requests to have guaranteed time vi) instances where parties had moved or chosen to reside.
Part 3
Details Since Court Hearings
Again bullet points for each of the hearings. If hearings have been missed, bullet point these as and when they happened and the reason for this
What directions were made by the Courts
If you attended PIPS (Parenting Information) what did you think of it?
If you attended Mediation what outcomes were reached
Specific to you, you could mention that you had previously arranged for Mediation and paid however your ex did not turn up and it is only because of Court that Mediation is now going ahead.
Part 4
Medical History
Are there any Medical instances the Court needs to know about? If so what are these and how might they affect contact. If there is a no health issue simply put: "There are no current or previous Health Issues as to which i am aware"
Part 5
Place of Care
Where will contact take place, if it has always been at the same property you are residing at, a statement along the lines of: "Contact will occur at [ADDRESS] as has been the situation for [CHILDS NAME] for [HOWEVER LONG]"
Part 6
Request
What are you requesting that the Court do. For example your statement might read:
For the Court to Guarantee by way of Contact Order that [CHILDS NAME] has contact with me every [WHEN YOU WANT IT]
A Second Bullet point would read:
- This order is necessary as historical instances have arisen as to my time being denied either via way of threat or actual contact. This i feel is not in support of [CHILDS NAME]
Part 7
Closing
Put a closing statement. This is your chance to shout from your heart. Remember no negativity about your ex... this is for your daughter. It should say your Daughters importance to you and maybe something what you do together i.e. swimming. It should be around 2 or 3 short paragraphs (3 lines each) another 2 line statement and finally just a nice sentence along the lines of: [DAUGHTERS NAME] has to have her Rights considered and that both her Father and Mother are a part of her Rights in paramountcy.
Under this Include your name and signature and a date.
I hope the above makes sense. Its from a little excerpt i'm constructing at the moment to go on here (obviously not finished). If you wish for any more pointers, feel free to PM me or if needs be at some point or if you are desperately struggling. PM me your contact number and i can give some more pointers.
Hi Yogi,
Thank you for your reply, that's really helpful. So do I put all of that on a word document rather than a certain form?
I understand what you're saying about mediation, however, I tried that previously but she made it clear she didn't value it and wouldn't stick to any agreement made. Why the sudden enthusiasm for mediation? The only thing that's changed since then is the fact that she now wants to move 3 hours away. I firmly believe that mediation was her way of stalling things until she can move….if the contact order is put in place to include midweek contact, then it makes it difficult for her to move 3 hours away (I think I'm right in saying she'd have to bring it back to court to have the order amended?) I could be wrong, but knowing what she's like and the fact that it's been 18 months since she refused to go to mediation, I'm 99.9% sure I'm right.
I really wouldn't be in court if I felt there was an alternative.
Hi Tim,
See the sticky at the top on representing yourself in court. That information needs to all go in a Word Document. Like i say if its the 11th hour and you are worried, drop me a PM.
It is a common tactic for the woman to move away... afterall if you win on behalf of your child to have a meaningful relationship with their parent... a few hundred miles in between would stop that from happening.
Your last line is quite apt. I would worm that statement into your defence to any question along the lines of "Mediation should be used" or "You should come to an agreement"...
Hi all,
The final hearing has been held, and although they granted an order, it wasn't for what I wanted in the best interests of Ellie.
I want to appeal the order, any idea how I go about this, what form I need etc?
Kind Regards
Tim.
Hi Tim,
It's unfortunate, to say the least, that you didn't get the result you were hoping for. I'm not sure, however, that you would be able to appeal, or be successful should you do so. The problem, as I see it, is that the court should have ruled in the best interests of your daughter, so you would be appealing simply because you didn't like the decision of tne court unless you have any additional evidence that the court wasn't aware of.
However, I'm not an expert in this by any means, so I'll ask the Children's Legal Centre to pop on and give a professional opinion, so keep checking back on here for their posting.
Dear Tim,
You are able to appeal the outcome of a court hearing so long as it is within 14 days of the final hearing.
You will need to start the process on a form named ‘Appellants Notice’.
Guidance notes are contained in the form EX340 which can be obtained from www.justice.gov.uk.
You will need to be aware that you cannot appeal simply because you are unhappy with the decision of the judge. You can only appeal if there are legal grounds such as there has been a procedural error or and error of law.
We cannot advise as to the strength of your situation and if you want further clarification on this you may want to discuss your issue with a solicitor.
You will need a judge’s permission to appeal unless you have already been granted this right at your previous court hearing. Permission is likely to only be granted if the judge feels that the appeal has a real prospect of succeeding.
If you wish to appeal you will need to fill in the form as identified above. There will be fee for this however you will need to contact your local family proceedings court for the up to date fee.
You will need to take action as soon as possible.
For more information contact the court and they should provide you with all the details and forms you will need to make the appeal. The guidance will tell you which type of judge you will need to appeal to and which court you will need to appeal to.
If you would like any further advice directly please feel free to contact the Coram Children’s Legal Centre directly on 0808 802 0008 or speak to one of our advisors through our webchat facility which can be found at www.childrenslegalcentre.com.
Thanks and Good Luck
Coram Children’s Legal Centre
Hi, thank you for replying.
It's not that I'm just not happy with the decision, its because that I believe the order will affect my step daughters mental health rehabilitation she's currently undergoing. This wasn't discussed in court.
However, its been more than 14 days, is there a way of appealing it still?
Hi Tim,
It's probably better for you to ring the CLC rather thanus asking them to reply, it will be quicker that way.