Position Statement

Hello,

Does anyone know where i can find a sample Position Statement? or a copy of one that has already been used. Many thanks, Jim.

Is the position statement for child contact or finances?.

The Position Statement is for Child Contact.

Ok double space each paragraph use font 12 most solicitors use new times Roman.

It's helpful if the statement has the standard header (e.g. In the [Name] Family Proceedings / County Court, Case number and parties or children's names) as this ensures that it can be properly identified.

Then just summarise your position

In this case you'd be saying that you are not opposed to contact in principal, that you support the children in hving contact - then summarise what your proposals are.

If there is specific contact your ex is seeking but you don't agree with, say so -

e.g. The mother does not support over night staying contact because she feels the father's accommodation is unsuitable as he has no beds for the children.

If the issue is over arrangements such as collection or return, predictability, again, say so -

e.g The mother supports contact but feels it is reasonable for the parents to share t he travel involved and proposes that the father collects the children at the start of each contact and mother collects them at the end of each contact

The main aim of the position statement is so that the Judge or Magistrates can easily identify what the issues are, in order to focus on them, and can easily see how far apart you are on those issues, and whether there is a dispute about the facts.

So if (for example) you don't want staying contact because you believe he gets drunk and isn't in a fit state to look after then over night you would say something along the lines of "The mother opposes overnight staying contact as she believes the Husband drinks to excess and would be unable to properly care for the children while under the influence of alcohol. The father does not accept that his drinking is excessive" This identifies for the Judge that there is an issues, and that the facts giving rise to that issue are not agreed.

Thank you very much, you have been most helpful.

Hi Dukey, could you do the same for a position statement for finances please? I have the feeling I will find that very useful.

Thank-you!

WCX

This one was used about a year ago,


IN THE xxxxxxx COUNTY COURT CASE NO : Cxxxxxxxxx

BETWEEN:

xxxxxxxxxxxxxx
Applicant

And


xxxxxxxxxxxxxxx
Respondent


Position Statement

Background
1. This is a short marriage of less than 3 years. The parties married on the xxxxxxxx and separated in xxxxxxxxx
2. The Applicant left the marital home in May xxxx after aggressively attacking the eldest son of the Respondent, and informed the Respondent in July xxxx of her decision to separate and have a divorce.
3. The Respondent was born on the xxxxxxxx and the Applicant, xxxxxxx. There is a child of the marriage who currently resides with the Applicant, born xxxxxxx to which the Applicant has cessed the respondents access since December xxxx.
4. The Respondent resides in the former matrimonial home with his son from a previous relationship; he is thirteen years of age. The Applicant resides in council rented accommodation with the parties son to which the Applicant has cessed the respondents access since December 2008.
5. The Applicant issued Divorce proceedings ­base­d on Adulty and the Decree Nisi was pronounced on xxxxxxxx(8 months ago), The Decree Absolute has yet to ne pronounced.


(a) Income and earning capacity
The respondent has been paying a monthly child maintenance to the Applicant , However since December xxxx the Applicant has ceased the respondents access to the parties son.
The Applicant has higher qualifications than the Respondent and has ability to have a greater earning capacity than the Respondent.

(b) Financial needs, obligations and responsibilities
The former matrimonial home was purchased by the respondent in December xxxx for himself and his two children from a previous relationship and its in his sole name.
The Applicant resides safely and securely in council rented accommodation (x bedroom semi detached property)

(c) Standard of living
The parties lived beyond their means due to the demands of the Applicant to which substantial debt was incurred and the Respondent is still re-paying.

(d) Age of the parties
Applicant – 31
Respondent – 44
Marriage lasted less than 3 years

(e) Physical and Mental disability
n/a

(f) Contributions
The respondent paid £xxxxx of his own savings as the deposit for the property that became the matrimonial home.
The Applicant has not made any payments towards the mortgage and utilities within the matrimonial home.
The Respondent paid all costs for the Applicant to travel to the UK including all Visa expenses even though the Applicant portrayed to be a successful wealthy businesswoman.
The Applicant was encourage by the Respondent to work and the allegations pertaining from the applicant with respect to not being allowed to work and it was expected to serve hand and foot to the respondent and his children are a complete and total fabrication. The Respondent would say this is typical illusion, one of many that the applicant had.

(g) Conduct
The Respondent would say that the Applicant had constantly attempted to control all.

(h) Pension
The Respondent is unaware if the Applicant has any Pension or other savings back in the Applicants homeland of the xxxxx.
The Respondent has two pensions both of which have accumulated significantly prior to the marriage. Opt-out of Serps pension since the Respondent was 18 years old and a company pension that’s been running for over xx years.
Due to the very short marriage of less than 3 years the Respondent feels that the rights to any value held should be minimal.

(i) Wellbeing of the parties child
The Applicant has been using the parties son as a tool to attack the respondent , during the 3rd quarter of xxxx the Applicant started to refuse the Respondents access to the parties son on an ad-hoc basis.
The Applicant has since ceased the Respondents access to the parties son since December xxxx until now.

Position Statement

The Respondent seeks:
The Respondent seeks a resolution that will reinstate the Respondents access to his child.
The Respondent seeks a Clean Break.
The respondent seeks to keep intact the Respondents Pension.
Due to the current economic environment the Respondent would like any lumpsum to be delayed until the Respondents son of 13 years of age reached maturity as refinancing at this point of time will prove difficult especially as the Respondent is still paying the credit card debt.