Going to Family Court can be overwhelming, especially if you’re representing yourself. It’s hard to focus on the practical aspects because of all the emotions involved.
Preparing the right documents correctly is challenging. Getting support can ensure you do everything right, increasing your chances of a positive outcome. However, hiring a solicitor can be expensive, and many people can’t afford it. Reaching out to a McKenzie Friend can save you thousands.
Does this mean your case will fail? Absolutely not. Many people represent themselves in court and succeed. Today, I’ll discuss two key documents that can help you: the Position Statement and the CAFCASS Section 7 Report.
Position Statement
A Position Statement explains your situation and what you want the court to do. Writing one helps you organise your thoughts and ensures you cover all important points. It’s important to be clear, concise, and logical.
Tips for Writing a Position Statement:
Background: Describe your situation, including your relationship history and any children involved.
Sequence of Events: Explain what led to your case coming to court. For subsequent hearings, update what has happened since the last one.
Welfare Checklist: If children are involved, refer to the Welfare Checklist to help the judge make decisions about them.
Desired Action: Clearly state what you want the court to do.
Objectivity: Make your statement as objective as possible. Have someone impartial review it.
Brevity: Keep it short and to the point. The judge needs to read it quickly.
Format: Include case number, involved parties’ names, and the court’s name. Use plain language, short sentences, bullet points, and plenty of white space.
Section 7 Report
A Section 7 Report is ordered when there are concerns about the parents’ ability to care for their children or disputes about what the children want. CAFCASS conducts interviews with both parties and sometimes the children, and may also speak to other relevant people. They then make a recommendation to the court.
Preparing for a CAFCASS Interview:
Focus on your child’s needs, not your own desires.
Avoid speaking negatively about your ex-partner unless absolutely necessary.
Be calm and clear in your communication.
Outline your plans for caring for your child.
Be truthful and avoid exaggeration.