Position statement

We are due back in court for what I hope will be the final hearing, though it is listed as a review hearing.
I have written a position statement with the help of a McKenzie friend and have a letter of support from my daughter's school.
At the last hearing the grandparents barrister handed me their position statement 10 minutes before the hearing but I have been advised that I should use a C2 form in advance.
I would prefer to hand it in on the day of the hearing and need to know if this is acceptable. Is it acceptable to hand evidence and position statements in on the day of the hearing?
Thanks in advance for any advice.

It's very common as far as position statements are concerned. Evidence needs to be served much sooner though.

Thank you for info J.
I had a chat with daughter this evening as 'directions hearing' is coming up soon and I wanted to find out what she wants to happen re contact.She said 'I don't want Granny and grandad to even write to me any more or give me presents from the pound shop that they expect thank you letters for.They just go on about me going to stay with them. I don't want to see my dad any more either because it is so boring and I want to be with my friends. He just sleeps or goes on and on about how much he misses me and then wants me to push him in his chair and he is
too heavy.'
I said 'But what about your cousins you want to see them again don't you?'
she replied that they only ever met up for 2 hours and her and her aunt and cousins put her under pressure to see her Dad more and go to stay so 'that's no fun either.'
I explained that the courts would probably expect her to see her father and asked her how we could make that better.
She said she wants a friend along on visits so she is not bored and said 'How old do I have to be before I can say I don't want to go any more?'
Grand parents ­object­ed because she had a friend along last time.
Will courts listen if she does not want direct contact?
From what i have learned on here they seem to go for contact or working towards contact.
I want to get her what she wants but also want this to be over so that we can get on with our lives. She has an important year ahead at school.
Are they likely to get parental responsibility when he is mentally incapacitated? I am worried about how much disruption grandparents could cause in our lives if they get this on his behalf.
I want to get the best for her but do not want this to drag on. Can anyone give me advice on the best way to get this finished at the next hearing, while getting as close to what my daughter wants as possible?

HOw old is your daughter and are CAFCASS involved? If so what do they recommend? Her views will be taken into consideration according to her age and maturity.

Generally when a child lives with on parent the courts presume it is in the child's long term best interests to see and know the other parent, even if the parent's behaviour leaves something to be desired by most people's standards. The exception to this is when the behaviour is a significant risk to the child's emotional and physical well being and the harm is greater than the harm children suffer when they no longer have the parent in their lives.

Relationships with the extended family are also considered important but grandparents wouldn't normally be granted PR unless there was a residence order in their favour. I would be surprised if PR would be granted in this case because they don't regularly care for your daughter and there doesn't seem much of a bond between her and the grandparents. Neither do they seem committed to her best interests.

thank you for your reply. She is 10 now but very mature and in puberty.She said 'Im not going and you can't make me.' last time we went for a visit so I suggested bringing a friend along to make it bearable but that increases expense and we have to choose friends that will not be shocked at her fathers behaviour. He did not help matters by repeating the venomous comments that his parents had filled his head with. she took herself and friend off to the other side of the cafe for most of the visit. His carer and I tried to reason with him but did not get anywhere so in the end i just ignored the venom and he fell asleep, as he usually does.
Will they consider the poor quality of visits for daughter when making an order about frequency? It has been reserved to a judge who has been very reasonable and willing to listen up to now.I am just terrified of something going wrong and them not understanding the really complicated situation in the same way the CAFCASS did.

Have you been in touch with NYAS? Do an internet search and read all about them, They also have an extremely helpful phone line; its probably worth you calling them. My daughter is also 10 in a similiar position; wants to see father on her terms, it is a long road but I will keep plodding along for her sake. Waiting now for a Feelings and Wishes Report. PM me if you would like.

CAFCASS are the "eyes and ears" of the court and their recommendations are usually adopted by a judge unless a good reason can be shown why they shouldn't be. If CAFCASS make errors of fact or law their conclusions and recommendations can be challenged in court. What you can't challenge are any bits that document what they have been told.

At 10 years of age your daughter's views carry some weight but it is still adults who make the decisions. It's understandable that she doesn't find contact rewarding, but that will be weighed against the awful burden of guilt children grow up with if they choose not to see a parent.

Contacting NYAS is a worthwhile. They are child centred and usually very good, although at the moment their future is uncertain after their application to renew their legal aid contract was rejected on a technicality.