Final Hearing Preparation

I have my final hearing on 15th December. I am waiting for mom''s position statement on 8/12 but I think our positions are likely to be this:

Me: Our daughter lives with both of us and stays overnight with each of us on our days off. I work weekdays 8x4 mom works shifts from 8am to 11 am and only has one weekend off in 9. We then share care on the days we are both at work too. This would equal exactly 50/50 care

Mom: That she provides a ''stable base'' for our daughter and she considers that home and then spends time with me on saturdays and sundays with an overnight stay on the Saturday. Her proposal is that this will make her more settled at school.

I live 0.5 miles from school and 3 miles from mom.

Care has always been shared simce we separated about 3 years ago until August 1st when mom stopped me from seeing our daughter for 2 weeks and then for 11 days - mainly because I had moved in with my new partner.

There are no safeguarding issues re me or mom.

Id appreciate any views and advice on preparing for the hearing. I was told it was set for three hours to present position statements and make representations

Thanks

Hi there

Preparation is the key, find case theory and argue your case from that ( that''s what legal professional''s do!). A case theory is, for example, it is in the best interest of your daughter to spend equal time with you. Then look at how you are going to persuade the court to have that in mind when making the order.

Whatever arguments you put forward to support your case theory, I would suggest they are from a child focused perspective, also get some case law to support shared care and equal time, you have a strong argument that you had shared time up until August, did it work before August? You could have some good cross examination questions arising from this, look for discrepancies in mum''s witness statement (if these have been filed, different from short position statements)

Prepare fully and get some strong clear and concise arguments from a child focused perspective. Have some cross examination questions in mind

Some food for thought, there is plenty of info out there to help you self rep at a final hearing.

Deborah

Thanks Deborah, I really appreciate your advice. I can focus better now. Thank you

As I put my case together is it worth relying on emails where care was agreed between us? If so how do I introduce them to the process?

Ive already submitted a position statement and it seems as if this in the only document the court will be in possession of prior to rhe hearing itself.

Is there anything else I need to do other than to prepare my case and then present it at court on the day?

Okay are you talking about Position Statement in the context of a Witness statement, containing a statement of truth and being your evidence for the hearing? Or a position statement being a short statement briefly setting out your position?

Yes emails agreeing shared care could be supportive, if this is an issue that is in dispute.

You are self repping so you are very likely to get away with introducing it at the final hearing without following the procedure rules, it can happen even when people are legally represented that documents are added to court bundles at the court before the hearing.. Are you preparing a court bundle, if so you can put it in the bundle, if not, you could take the printed out email exchange to the hearing, along with two copies, one copy for the judge and one copy for your ex. You could pass a copy to your ex whilst waiting outside court and give one copy to the usher to pass to the Judge.

See what your ex puts in her statement, to see what issues are in dispute.

Good Luck
Deborah

Hi, I now have my ex''s position statement. She states that i refused to pay maintenance - I have an email from her agreeing no maintenance would be paid. She states I did not engage with CMS when they first wrote to me - I have my bank statement confirming that I paid as requested and their letters to me. I have emails from her confirming we would share care 50/50. Her solicitor says she is preparing the court bundle and that I cant introduce anything else now. All I have done is given the court my first position statement (that has a signed afformation on it) but now I want to talk about case law that supports my argument and refer to these emails i have that shows that shes lying about the situation. Do i need to submit a further statement or set my case out further in a skeleton argument and forward a copy to everyone before the case goes ahead?

Regarding the emails that you want to use as evidence, I would take them with you to court and deal with their inclusion in the bundle as a preliminary issue with the judge.

Any case law you want to refer to which supports your case can be put in your skeleton argument and also you will need to take the case law text with you to court.

Deborah