7.5 Writing a court statement; the heading
A court statement is in a specific format and starts with a heading which sets out which court the case is to be heard in, the court case number, who is making the statement and the parties to the proceedings.
Turning to our case study involving the Smith / Johnson family, you may recall that Jazmin Johnson and Steve Smith have separated and are now involved in court proceedings regarding where their child (Chloe) will live. Find out more about the Johnson/Smith family [Tip: hold Ctrl and click a link to open it in a new tab. (Hide tip)] and their situation.
Steve comes in to see you after the First Hearing and Dispute Resolution Appointment. The Judge has asked him to submit a position statement of no more than 2 sides stating what the previous arrangements for Chloe were, what he would like the court to do and his response to Jazmin’s allegations.
Jazmin has told the court that she is the victim of domestic abuse perpetrated by Steve. She also says that Steve has not seen Chloe since she moved out of the family home as she is frightened that he will find out where she lives or be violent towards her again. Steve has already submitted a letter to the court which the Judge has criticised and ordered him to resubmit.
Activity 5
Steve tells you that, ideally, he wants Chloe to stay overnight with him three nights a week when he is not at work. He says that Chloe has lived with him since she was born until Jazmin moved out three months ago. He hasn’t seen Chloe since then. He works as a security guard on shifts working four nights on and three nights off. He wants Chloe to stay with him when he is not working. He completely denies any domestic abuse.
You ask for further details and Steve tells you that Chloe was born on 12/02/2016 and Jaden was born on 12/05/2012. He says that Chloe is now four years old and Jaden is seven years old.
Activity 6
The opening paragraph to the statement sets the scene and usually includes who the client is and why they are making the statement. How would you write the opening paragraph to Steve’s statement?
Comment
The opening paragraph would need to say that Steve is making the statement as the respondent to the proceedings. It would need to confirm that he is the father of Chloe and stepfather of Jaden. It would need to confirm that Jazmin is the applicant and mother to both children.
The start of the statement would therefore look like this:
Statement of the Respondent: Steve Smith | ||
Statement no: 1 | ||
Case Number MAxxxxxxx | ||
Dated: xxth xxxxxx xxxx | ||
IN THE xxxxxxxxxx FAMILY COURT | ||
BETWEEN | ||
Jazmin Johnson | Applicant | |
and | ||
Steve Smith | Respondent | |
FIRST STATEMENT OF THE RESPONDENT | ||
I, Steve Smith of 4 Grove Road, Sandford, SS12 1YP make this statement to set out my position with regards to the application for a child arrangements order in respect of my daughter Chloe Smith (Date of birth 12/02/XXX) . The applicant, Jazmin Johnson, is my ex-partner and is Chloe mother. |
7.4 Getting information from clients