Dad C100 representing myself opening statement

Hi. I have a court hearing, very soon. The Directions hearing. I'm the applicant and understand that I will have to speak first, explain what it is that I want and why?

I was wondering what the format is here? Can I simply read from a pre-prepared statement, one that I'm hoping covers all issues? Or do I have to wing it and try to remember all the points and hope to god that they're mentioned?

Despite being primary carer of my kids, my ex is now flaming my parenting style as the only thing she can have a go at. CAFCASS have explained much of her concerns, she wants the kids to have more formal routine, be grounded, that they're regressing while with me? I'm controlling and coercive. It's all unevidenced nonsense. But no doubt some brief has listened to her mix of truth and lies and a defense has been manufactured and orchestrated! So unfair.

No doubt her brief will have all sorts of on-point, salient, poetic stuff that says all that needs to be said, and I'll read out my verbose waffle?

So, has anyone familiar with the format?
How much leeway will I be give to read my script?

You should go prepared to the First Hearing with a well-written Position Statement and a proposed parenting plan setting out what arrangements you feel are in the best interests of the children. (If you write a PS you should forward it to both the other side and the Judge no less than 3 days in advance of the hearing).

The first hearing is mainly to see if an agreement can be reached without the need to progress to a further hearing. You (both) may have to speak with a CAFCASS officer at the court, whose aim it will be to try to "broker" an agreement between the parents. If this is unsuccessful, then both parties (and thier legal representatives/McKenzie Friend) will then go into the court room where it is likley that an interim order will be made pending the outcome of a further hearing. Further evidence may be asked for by the Judge/Magistrates to be made avaible in advance of the next hearing.

You need to focus on what you wish to say and put across rather than on what her legal representative may say. The Position Statement will set out very clearly what you believe are the best arrangements for the children - both with whom they shall live and how often they will spend with the other parent - and why you believe these proposed arrangements will work for the children - and why. You need to put forward your arguments in a constructive and child focused manner. You can write a skeleton argument for your own use with bullet points of the main points you wish to say/raise, but in theory your position statement and your parenting plan will be sufficient for you to refer to you should you have to speak in court.

Thanks for replying.

Ok - the Directions Hearing is tomorrow (gulp) and I do have a PS. I'm LIP and wasn't aware that I'd need to forward this to the judge or the respondent at least 3 days before the hearing. First mistake, I guess. I don't know if she's going to be represented. I'm assuming so. But then, at the same time, I would have also assumed that I would have been informed to send anything further to her brief, if she was.

I think I'm asking just how much time will I be allowed in making my opening statement, which is what I imagine I'll be expected to do? And, the content of it. If I were a solicitor, how much time would be spent making the opening? The PS as it stands is around 3 sides of A4. And in this, I'm trying to deflect as much of what I know will be thrown at me. I guess the opening statement is different than a Position Statement. What I'm trying to avoid is the embarrassment of being told by a member o the court that I'm off point and that what I'm saying is no relevant. That'll just throw me off track completely.

Take 3 copies of the PS with you and hand them in on the day. You need to whittle your PS down to around 2 side of A4. You may wish to get a position statement review .

As it's your first hearing, an opening statement is very unlikely, it's more likley that you will be asked direct questions by the Bench.

Usually, court staff/judges/magistrates/clerks/legal advisors are aware that many LiPs are unfamiliar with court procedure and will guide them as and when required.

Ok - thanks.

One final question then.

I have them for 4 nights a week and have done for 14m. Sometimes, it gets to 5. In July, I approached the subject of reviewing CM, and a scenario where she began asking for another night unfolded. Of course, she's using my parenting style as an excuse.

That as an aside, I do believe that she is financially motivated. She knows that if there's a formal order to place care principally with me, she could lose out on Tax Credits, etc. I cannot claim them so they are irrelevant to me.

I have been told not to mention it even though this may well be the motivating factor, that if I do, it'll be very frowned on. Is that correct?

Yes it is - don't make your arguments about money (even if hers are, or appear to be motivated by money), your arguments and position should be about the best arrangements possible for the children.

So - the hearing happened. And it seems, she's filed every known domestic abuse claim she could lay her hands on using a C1A document. It was served 20 minutes before we went in. Initial reading, I was first floored that it was something new that I'd have to deal with, second that it was a load of unsubstantiated nonsense and clearly a rant at me and largely why our relationship failed.

I spoke first and explained what the current arrangement was. I'm guessing the the C1A has been dismissed as more-or-less irrelevant as Cafcass have found there to be no safe-guarding issues and neither of us have emerged on any agencies files , Police, social services etc...

Committed to the idea that she's trying to pinch a night (after well over a year of having it all skewed my way) due to trying to secure her finances for the next 12m, I dared not to mention it as finance issues are, from what I believe, the turd in the room.

If I mention it's what I think is motivating her, it looks as if it's predominant on my mind, and perhaps motivating me. If she mentions it's what's motivating me to ensure I keep the night, it looks as if it’s predominant on her mind. Silly, but there you go.

Instead, she flames my parenting style, goes on about how I'm controlling my kids, placating them with expensive toys and having no regimen with disordered bedtimes, etc, how an extra night with her, will allow her to commit to her, regimen. I guess it's the only thing she can have a go at and she did.

But the underlying issue for me is, for over 14m of our being fine, why is my parenting style all of a sudden a problem for her now. Only since July, did it become an issue. So, without mentioning that I had brought about the subject of varying CM, I do indicate something changed for her in July - and that was of course the time I explained that in Sept, we could look again at our arrangements.

And it went on. Basically, it's been adjourned for "Judge-led-conciliation", and we were given a date there and then. It’s in 3 weeks. So, now I have to research all of that. Also, the judge at this initial Directions hearing, (the first hearing) ordered that all the current arrangements stay as they are. Which is what it is that I want, for the arrangements to stay as they are. So, I saw that as a good sign. For all the allegations and silliness, no one thinks there’s any reason to change what’s been in place for well over a year.

But the 2 hour hearing, that we're to both attend in 3 weeks time may change that. So if anyone has been reading, following this little thread, this is firstly to let you all know what happened. And if anyone has any questions, I'll gladly answer them.

But one question I do have is the matter of the C1A, and the preposterous allegations made therein. Considering the courts and CAFCASS have had access to this info for far longer than I, very little of it was referred to during the hearing, if at all any. When my ex tried to bring some of it in (her accusation of controlling behaviour, for example) the judge politely explained that all that's in the past and nothing to do with moving forward in order that we collectively parent our children. So, a plus I suppose. But I'm wondering if her slander and lies might have any bearing, that I ought to take it more seriously - it’s on an official court document after-all?

I'm going to create a document that rebuttals it.

Oh, I also took advice from reply to this thread and prepared a position statement that was salient, and factual with no exaggeration. I submitted this to the court usher and served her with it when she arrived. So, it wasn’t rejected because it had not been severed 3 days before the hearing.

Another point to note was that we were ordered to be there an hour before the hearing commenced. So I was. She arrived about 30 mins before the hearing commenced. I found this surprising as I was led to believed that the first hour was there to wash around our differing opinions in the hope that the legal advisor and cafcass might be able to bring about some compromise and an agreement without committing to the hearing itself.

However, as none of us were represented, I was told that this is something only solicitors get to do. So, this did not happen and we went right in to the court room. I guess I could have read a short statement. I guess I could have read out my position statement. But I didn’t. I just winged it. And, overall, I do feel in a better position, principally because I now have more-or-less her full position. Whereas before, it was a bit of a speculation.

Anyone looking to throw in any advice as regards any of this, please fell free.