Templates for Documents for Court (click on the image to download)
 | Template for a Position Statement A position statement briefly sets out your concerns, what you are hoping the court will do, and ideally gives a brief history of events leading up to the hearing. Try to keep the position statement to two to three pages, and use short, numbered paragraphs. We recommend you file and serve a position statement before the first directions hearing (filing means delivering a copy to the court, while serving means posting or delivering it to the solicitors acting for the other parent, or directly to them if they are not represented) and any subsequent hearing which is expected to last for more than an hour (unless your 'position' has not changed since you filed your last position statement). New Writing a Position Statement for Court – a new information sheet from The Custody Minefield. |
 | Template for a Statement A judge may direct that you should write a statement, and 'file and serve' it by a certain time (filing means delivering a copy to the court, while serving means posting or delivering it to the solicitors acting for the other parent, or directly to them if they are not represented). A full statement follows a similar format to a position statement, but normally goes into more depth, and sometimes refers to evidence which is then appended to it. New Writing a Statement for Court - Contact and Shared Residence cases –a new information sheet from The Custody Minefield. |
Court Bundles and documents within the Bundle
The ‘Court Bundle’ is a folder (or folders) of evidence and documents related to the case. If you do not have a solicitor and your ex-partner does, it is common practice for their solicitor to prepare this. If neither of you are represented, the applicant should prepare the bundle. Make sure you ask the judge for the opportunity to agree the contents of the bundle for the next hearing, and also have whoever is preparing it include your own evidence. A bundle should be prepared for any hearing which lasts longer than an hour (except for emergency hearings when there may not be time to prepare one). The bundle should include:
(i) an up to date summary of the background to the hearing confined to those matters which are relevant to the hearing and the management of the case and limited, if practicable, to one A4 page;
(ii) a statement of the issue or issues to be determined at that hearing and at the final hearing;
(iii) a position statement by each party including a summary of the order or directions sought by that party at that hearing and at the final hearing;
(iv) an up to date chronology, if it is a final hearing or if the summary under is insufficient;
(v) skeleton arguments, if appropriate, with copies of all authorities relied on; and
(vi) a list of essential reading for that hearing.
The summary of the background, statement of issues, chronology and reading list should, in the case of a final hearing, and as far as practical in the case of any other hearing, consist of a single document in a form agreed by all parties. Where the parties disagree about the content, the details of their disagreement and their differing points should be set out at the appropriate places in the document.
Ask the judge to make directions as to when you should receive a copy of the bundle, and by when the contents should be agreed. If there are any objections, point the judge to The Presidents Directions on court bundles. If you are asked to prepare the court bundle, you should refer to the President's Directions which sets out what the bundle should include. Templates are provided below to assist you:
| Template for an Index to a Court Bundle |  | Template for a Summary for a Court Bundle |
 | Template for a Chronology for a Court Bundle
|  | Template for a Statement of Issues for a Court Bundle |
Templates for Skeleton Arguments and Scott Schedules
A Skeleton Argument briefly sets out the arguments you intend to raise verbally in court and should ideally include copies of any case law you intend to refer to.
Another document which may need to be prepared is a ‘Scott Schedule’. Where parents have made allegations, a Scott Schedule lists those allegations, also briefly setting out the other parent’s response (or defence).
| Template for a Skeleton Argument A Skeleton Argument sets out the issues which are agreed and the ones in dispute. It should also set out the nature of the disagreement and the party's argument in relation to the matters in dispute. New Writing a Skeleton Argument – information on what to include and structure |
 | Template for a Scott Schedule Where there are matters in dispute, the judge may ask that a Scott Schedule be prepared. This is a document that lists the items in dispute (such as allegations) in one column, the other party's version of events, and then provides a third column for the judge to write his or her findings. Scott Schedules may be asked for if there is to be a 'Finding of Fact' hearing |
