This is a Mock Example of a Position Statement for the

First Hearing Dispute Resolution Appointment

IN STANFORD COUNTY COURT      

                                                Case Number: ST30D00787

IN THE MATTER OF

DANIEL CHARLES GROVES (DOB xx/xx/xxxx)

SANDY MAY GROVES  (DOB xx/xx/xx)

MR MATTHEW GROVES                                    Applicant

AND

MRS ABIGAIL GROVES                                     Respondent

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WITH FICTIONAL CHARACTERS AND SCENARIOS

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                                 POSITION STATEMENT BY APPLICANT

For Hearing (Date Here)

1. Overview:

1.1 I have made this application to the Court so I can have an order permitting me to re-establish contact with my children, Daniel and Sandy Groves, and to ensure a routine of regular future contact.

1.2 My wife, Abigail Groves, and I are separated and after leaving the matrimonial home on the (date), I have been denied any direct or indirect contact with our children.

1.3 I submit that there are no safeguarding issues and that I pose no threat of harm to the children in anyway.

1.4 I accept that there is no possibility of a reconciliation within the relationship. There has been acrimony and arguments from both sides for many months and I recognise that continuing in this environment would be harmful to the children. Moving forward, I only wish to build a positive co-parenting relationship with the respondent, and I hope that she also adopts a similar position in the best interests of our children.

1.5 I accept that the children will reside with the mother and spend time with me.

2 Concise Chronology

       xx/xx/xx Start of relationship between the parties.

       xx/xx/xx Commenced cohabitation in rented accommodation at (Address).

       xx/xx/xx Parties married.

       xx/xx/xx Moved to owned marital 3 bedroom property (address) 

       xx/xx/xx Birth of Daniel Groves

       xx/xx/xx Birth of Sandy Groves  

       xx/xx/xx Parties separated with the applicant leaving the marital home.

       xx/xx/xx Applicant submits C100 application after contact was stopped.

3. Response to Cafcass Safeguarding Letter

3.1. I have read the Cafcass Safeguarding Letter dated the xx/xx/xx.

3.2 I deny having been derogatory and abusive to the respondent during the 12 years of our marriage. I accept that there were arguments towards the end of the relationship, and I regret sending some inappropriate texts to her. I do however have inappropriate texts that she sent me but feel that the focus should be on moving forward in the best interests of the children.

3.3 I would agree with the suggestion that it would not be proportionate, necessary or proportionate to pursue allegations of abuse under Practice Directions 12J.

3.4 In order to help progress matters, I would on a no-fault basis, give an undertaking/recital not to unreasonably discuss adult matters with the children and not to engage in any abusive behaviour towards the respondent.

3.5  I would welcome a Section 7 Report by Cafcass to help determine the best way forward, but in the meantime, unsupervised and meaningful contact should permitted with both children. I do not agree with the suggestion of contact in a contact centre.  

4.  Proposed Interim Child Arrangements Order

4.1 I am currently residing in a one bed bedsit that I accept is not suitable for overnight arrangements. This situation will be changing very soon as I intend to rent a 2 bed property within the next 3 months.

4.2 I would like to see both children unsupervised for 6 hours every Saturday from 10am and 4pm. I would pick up and drop off the children from the matrimonial home or any other agreed location.

4.2 For this interim position to be reviewed and contact increased to overnight contact once I have moved address.

5. Final Order Proposal

5.1 I would like to progress contact to a final position. The below represents a general overview of what I believe would be in the best interests of the children.

5.2 I would be happy to discuss and develop the proposal in more detail via

mediation in the hope that we can reach an early agreement.  

5.3 That it is ordered that the children reside with the mother and spend time with the father as follows.

a.    Alternate weekend overnight contact from Friday after school until Sunday or return to school Monday.

b.    Alternate Wednesday evenings from after school and return to school on Thursday morning.

c.      Summer Holidays:  6 week holiday with an equal split of 2-1-2-1

d.    Half Term Holidays:  To be shared equally.

e.    Christmas Holidays:  To be shared equally.

f.     Easter Holidays:  to be shared equally.

g.    Birthdays:  For both children to be together on their birthdays and for the parent not having resident on those days to see the children for 2 hours on a school day or 4 hours on a non-school day.

h.    Father’s Day/Mother’s Day: for the children to spend a minimum 4 hours with that parent.

i.      For indirect contact, Telephone / Email / Skype: That the children be allowed to contact the father at any time they wish and for me to be able to contact them by telephone and/or Skype at least once a week.

j.      Handovers to be shared and to take place at each other’s respective residence.

6. McKenzie Friend

6.1 I seek the support of my McKenzie Friend, (name here), at the hearing. (name here) is a member of the McKenzie Friend UK Network and their CV is attached.  (Name here) understands and fully complies with the Practice Direction of July 2010.