My hearing was as a result of a prohibitive steps application, and as such was urgent, so I wasn't asked to do anything other than have some bullet points of what I wanted to raise prepared. Depending on your application and what the court has sent out to you, you may need to prepare and send off a position statement. They usually tell you on the document you will have received from the court, I believe. If they don't, you can email one to the court anyway.
Also, I would recommend speaking to Child Law Advice - you can find their number on Google. They are very helpful and will tell you exactly what you need to do. You can either phone them (lines are very busy at the moment), email them, or you can book a half hour call back for a fee.
I went to court over schools for my children
Judges are fairly philosophical about this as they see it as a matter or personal opinion by each side.’in your case there are obviously big social differences in attending school or not.
I would put these to the judge.(with evidence which is easy to get)
If it then becomes an issue about which school in 2021 I would address that at the time.
Also attach some evidence about lack of school work (I have this with my ex she does nothing and let’s them stay up until the early hours playing Xbox ,she was warned by schools about the children’s tiredness etc).
It’s alsways easy to get personal but keep it about the children etc .
It also was not daunting in court as it is only the two of you and a judge so like a conversation really .
Hi Edmund, thanks for the info. I'm guessing it was directed at me and not Peter. A final hearing has been listed for October. I've submitted a position statement. I didn't have any hard evidence as such regarding my ex not doing her part of the homeschooling, so just explained the situation in my statement as well as I could. I tried to keep it focused on how it will affect my daughter rather than me and her mum, especially the social aspect of school which I feel is really important for children right now more than ever given how isolated they have been. There were also a lot of contradictions from mum on one point or another that she has been trying to argue, so I did my best to simply point those out as matter of fact and not let my statement become a load of 'mud-slinging' against the mother. That is always the tricky bit, because sometimes there is just no way around bringing up your ex in these situations, however no matter how politely you do it and how carefully you tread, Cafcass and the court tend to jump on you - I have had this before when Cafcass have asked me about abuse and harassment from my ex towards me and my daughter. They literally asked for me to talk about my ex's behaviour, but then when I did, were all too quick to write up that I seem to be eager to speak ill of her. Can't win!
i have already had my phonecall with cafcass, i have never been in a realationship with the mother of my child, but before my child was born i met someone which now i have been with for 2 years when my childs mother found out she went all nasty and wouldnt let my child go near my girlfriend and was giving my mum and my girlfriend abuse just cauing trouble i have to go by her rules and ahe gets to pick how long and when i get to see my child so i decided to apply for a CAO she has now made accusations to cafcass saying i smoke cannabis which i said to cafcass i havent smoked cannabis for over 12 months she also said that last month she seen me and my partner smoking a joint in the community ( my girlfriend has never smoked weed) shes also said quite a few times in the report that she wants me to see the baby under supervision of my dad which i dont think is necessary atall now i have been given my first hearing for the 1st of october i just want some advice i dont know what to expect should i prepare anything? what happens at this hearing (its a phone call hearing)
at the hearing you tell them what the situation is, just like you briefly told us up there, and what you would like court to do about it, what are you seeking in terms of child arrangements.
since ex mentioned cannabis, its likely cafcass may ask you to take drugs test, and they usually prepare section 7 report to assess whether its safe and suitable for you to have child contact. report process takes 8-12 weeks, and they will interview you as part of process.
at your first hearing, ask for contact in the interim like see your child for few hours a week.