Family court is especially stressful for a mother who has to balance her emotions with caring for her children. Speaking coherently and convincingly during this time is going to be difficult for even the strongest among us. When your voice fails, writing is the easiest way to articulate your argument. Writing also provides a direct line of communication with the magistrates in the form of statements.
Asking for statements is a way for the court to find out about the case and the views of the people involved. When the magistrates sit down to read your statement, you want it to help your case and paint you in a good light. I hope that the following steps give you the best chance of achieving that.
1. Take time to plan and prepare.
Don’t rush into sending the first draft that you write. Your statement should look at both sides of the issue while refuting your ex’s views and allegations. Your objective is to sway the magistrates into recognising your views as valid. Once you’ve submitted your statement you cannot later claim that something you have written is a mistake. Everything you write can, and probably will, be used against you. Take the time to get it right.
2. Structure your argument – beginning, middle, end.
Your statement should build and develop your argument paragraph by paragraph. Start with the reason you are writing the statement e.g. In response to my ex’s application for…or…to express the concerns I have relating to the contact between…etc. Next, clearly state what you wish the court to order – what do you want the outcome of the case to be? How do you see the issues being resolved? The middle is where you list all of the reasons why an order should be granted in your favour, and refute the views of your ex. In ending, your last paragraph should return to the main issue raised and re-iterate what you want the court to do.
3. Stick to the point and don’t over-write.
Number each paragraph and stick to making only ONE point in each paragraph. Though the statement is to put across your views, remember it is your child at the centre of the case. Every point you make has to reflect what you think is in the best interests of your child.
4. Effective arguments use effective language.
Keep sentences and paragraphs short. If you cannot make your point in less than five sentences, use different words to make a better point. Use a dictionary/thesaurus to find the right words to argue well. You can use emotive language to show the passion you have for what you’re writing but note, any unacceptable behaviour from your ex should be stated without emotion and in the context of your child’s best interests.
5. A strong argument has factual support.
An argument with strong foundations has evidence to support it. Make your allegation, refer to your supporting evidence, state your ex’s defense (to show you understand both sides), conclude with your counter-argument to his defense (with your child’s best interest in mind) – point made! Any evidence you want to submit with your statement needs to be listed on a separate sheet of paper. Like a contents list, give each piece of evidence a title and a unique reference number e.g.
- 001 – copy of message received 24/11/16
- 002 – letter from GP
Your Statement should also:
- Be typed.
- Include the case number on the first page.
- Include the full names of all persons involved on the first page.
- Have numbered paragraphs.
- End with, ‘I can confirm that the contents of this statement are true to the best of my knowledge and belief.’
- Be signed and dated.
- Sent to the court and the other parties involved in the case e.g. ex’s solicitor, CAFCASS.
Has this post been helpful? Leave a comment and let me know.
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