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URGENT ADVICE NEEDE...
 
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[Solved] URGENT ADVICE NEEDED PLEASE


Posts: 37
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(@dad123)
Trusted Member
Joined: 14 years ago

I attended court today in regards to a prohibited steps and applying for residency.

The court have ordered I return next week with a short statement to back up my reasons why, in the mean time my son still resides with me.

What I am confused about is, I have the respondents position statement but also a full statement detailing her concerns in regards to me, allegations ect ect. She has also advised she has evidence statements from friends and family which have been submitted.

I am aware what I need to put in my position statement but at what point do I respond to her full statement? I thought that this type of statement would be directed at the directions hearing...

I'm very confused and can not believe, well sort of can that she has made such allegations.

Please help as I really want to respond to her full statement but do I wait until directed by the judge?

Thanks

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Hi

Does she have legal representation?

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(@dad123)
Joined: 14 years ago

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Posts: 37

Yes she does. She had two solicitors with her today.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

I too am a little confused that she has already submitted her statement and also witness statements. Has the judge asked for these previously and at what point were they filed?

I was under the impression this was your first hearing...have you been ordered to file your statement by next week or are you back in court for the next hearing next week?

It's very difficult to comment with only a little information! As you are self repping it would be a good idea to find out where your nearest FNF meeting is and go along. You will get some face to face advice and support and if you take your paperwork with you there should be someone there to look over it and help you with it. Here's a link to the webpage where you can find a local branch meeting

www.fnf.org.uk/help-and-support/local-branch-meetings

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(@boycieuk)
Joined: 13 years ago

Prominent Member
Posts: 555

I would suggest if you have the time you start to formulate a substantive response to her allegations. Have it to hand and if its ready by next week you could submit it on the day. But with regards to the steps order 2 page summary should do.

It is unlikely someone apart from yourself and her solicitor would have read through her full statement (probably at no stage until the final hearing)

If she says she has all these evidences, where are they?

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(@daver)
Joined: 12 years ago

Noble Member
Posts: 1020

I know from experience that any jumping of the gun in terms of submiting statements is viewed in a dim light by the judge.

If anything it lets you see her hand upfront.

Regards,

Dave

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(@dad123)
Joined: 14 years ago

Trusted Member
Posts: 37

Hi All,

I am still very much panicking!

I submitted my position statement today in regards to why I seeked prohibited steps, brief history and what I wanted the court to address. -By no means did this go into a lot of detail and outline all the past events and concerns.

As I said my ex had submitted a position and full statement 40 paragraphs and it appears as though she is now applying for residency also.

Next week we have a half day contested hearing on the matter of prohibited steps which will be on submissions only.

In the order which came through the post today, that was made at Court 2 days before it says that I should submit and serve a further statement setting out any other grounds on which I seeks to rely on. -----IM SO CONFUSED BY THIS AS IN COURT I ASKED WHAT I NEEDED TO SUBMIT AND THEY SAID A SHORT STATMENT...OR COULD JUST SUBMIT MY HAND WRITTEN TRUTH STATMENT I DID ON THE DAY OF APPLYING.

I have quite a few other concerns that have mounted up over the years but of course not been serious enough to seek prohibited steps.

Due to the hearing being on submissions only I am guessing that my ex will be able to use her full statement on allegations against me.

I'm really frustrated as I was told to submit a small statement within 2 days, So even if I was to respond to her 40 paragraph page of allegations 2 days would not be enough given that I work full time and I have been caring for our son! In regards to her allegations I also have evidence to prove they are lies, but can not get this in 2 days time.

I'm representing myself as you know, and feel so out of my depth about it all. I will speak with FNF to arrange a day I can meet and been trying to contact coram.

Any advice on what to do especially in regards to her full list of allegations, that she has now decided to bring up and now decided to seek residency herself after allowing me for 6 and a half years to have my son 3 days a week and take him on holiday. abroad.

She has also suggested I have indirect and supervised contact..please do not tell me this could be considered given my current contact arrangement and her now bring up concerns because I have decided to act on her behaviour appropriately.

If the court take into account all of her allegations I feel it is a complete injustice as I have not had a chance to respond or complete my full statement.

I'm sorry if I am rambling, but for the past 3 years I have wanted to apply for residency. But never have as I am so terrified I will loose contact with my son due to the injustice of the court and legal system.

I cannot believe as a father you are punished and judged for wanting to be with your children full or half of the time. It is natural for any father to want to do this..

Sorry rant over, Advice would be very appreciated.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

I would say as this is a submissions only and you are being asked to submit a further statement setting out any other grounds on which you seek to rely on., then just write a brief summary of the evidence that you will be relying on to refute her allegations.

As far as her allegations are concerned, go through and briefly answer each in bullet form, not as a full statement. It's such short notice, have you thought of using a McKenzie Friend, it would take some of the pressure off.

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(@dad123)
Joined: 14 years ago

Trusted Member
Posts: 37

But I was asked to submit today before 4pm and I just submitted my position statement in regards to prohibited steps. This was a summary and by no means contains full details. Or disputes her allegations.

Is there anyway I can get another statement into the court before Tuesday.

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(@dad123)
Joined: 14 years ago

Trusted Member
Posts: 37

Or do I just go with what I have got orally give further submissions and wait for the full residancy order to proceed and respond to her allegations then

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Call the court in the morning and explain your dilemma and ask how you should proceed...I think you can submit your submissions orally but have something down on paper to remind yourself with.

If you have a look at the sticky at the top of the section by the Bar Council about representing yourself you'll find a link to a leaflet have a read through, particularly pages 19 -26. It talks about submissions there and it also says that a submission is also called a skeleton argument. Just in case you need it here's a skeleton argument template.

www.thecustodyminefield.com/Factsheets/TCMSkeletonArgumentTemplate.doc

Some info on skeleton arguments

www.separateddads.co.uk/creating-skeleton-argument-for-court.html

Hers some info on court procedure

www.familylaw.co.uk/system/uploads/attachments/0004/3689/FPR_PD12B.pdf

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