Court Bundles

[MichaelFlatpoint]

Hi guys,

Seeking some info on how to proceed with the bundles.

I have what appears to be pretty typical, where the respondent is expected to create bundles if represented by solicitors otherwise it’s my responsibility as the applicant.

We’ve recently submitted witness statements and they sent theirs directly to me and visa versa. I’ve asked numerous times and they have failed to confirm or decline their use of solicitors. The statement is clearly written by them without input - so I don’t know what to do.

I have about a week and a half before the hearing, so want to get this wrapped as soon as possible.

Can anyone advise what I do? Do I just create the bundle? Or is there other measures I can take to find out whether it’s my responsibility or not?

Thanks!

 

[Ash]

Yes I'd just create a bundle. A few days before it's due you can message the other party and ask if they have anything they want to include in the bundle and say you'll need it by x time and x day, and if they don't send anything you just complete it, send it to the court and share it with them.

 

[MichaelFlatpoint]

Yes I'd just create a bundle. A few days before it's due you can message the other party and ask if they have anything they want to include in the bundle and say you'll need it by x time and x day, and if they don't send anything you just complete it, send it to the court and share it with them.

Thanks Ash.

Another question - I’m unsure how this has happened. But the position statement for the respondent from the last hearing has seemingly vanished from my email account (it was sent on the day).

Can I request this, can they refuse to send it to me? Can I just omit it?

My situation is a little odd. We’re going to a second hearing, which is actually a FHDRA where they’ve asked for witness statements. It’s long winded, but the barrister reckoned they were bias due to not reading the respondents PS, even though they failed to submit it on time and issued an order without seeing statement and evidence. Presuming these witness statements supersede any position statements previously, can I simply ignore the position statements from last time around?

 

[Ash]

I'm not quite clear on that. Is it one of your position statements that is missing, or one of theirs? Yes the witness statements are the main thing, but the bundle is supposed to include everything. However if you don't have something of theirs, then don't include it and it's up to them to send it to the court if they decide it should be in the bundle and isn't (after you send them a copy of the bundle).

Otherwise, what goes in is everything - all applications, cafcass reports, position statements and orders, plus witness statements. You can then also do a position statement for this hearing, for the day (which won't be in the bundle).

Does the order say there needs to be a bundle for this FHDRA? Because usually you just do one for a final hearing.

 

[MichaelFlatpoint]

Hi Ash, thanks again.

I think that because the court made a decision at the previous FHDRA, and it was contested due to their statement not being submitted to the court, the court has made it very clear they want statements issued ahead of the date. We exchanged this week, around 2 weeks ahead of the hearing.

Witness statements were ordered and a 2 line attachment regarding bundles was included, stating it’s either them if solicitors are in use, or me who compiles it. No times or dates for submission, or what to include.

I’m personally treating this as a final hearing and have a barrister to drive the court to make the same decision they made last time without their side using lack of statement/evidence as an argument to prevent it.

I’ll request them to send me their original PS for the benefit of the bundle. If they don’t/won’t, then there isn’t much I can do!

 

[MichaelFlatpoint]

Hi guys, me again!

Just some minor final questions regarding this:

- Format? I’ve lodged everything via email so far, can the bundle be the same? Order has no specifics. Also, do I need to provide a folder for all parties on the day?

- Section D - I/we have no parenting plan. Is this worth me drawing up a draft and submitting it as the applications proposed plan?

- Time estimates? Really no idea what to put down for this, or do I omit it?

Thanks again for everyone’s help!

 

[Kyle]

@Bcc212 I'm not trying to knock the wind out of your sails, but I've got to throw this hand grenade in the room. You have'nt been ordered to produce a Court Bundle, its a FHDRA, not a Final Hearing, so why are you inconveniencing yourself with the task buddy?

Typically when they are ordered, they are ordered as paginated Digital Bundles, in .PDF format, so that you, the other party and the court can print them out.

I bought a cheap HP printer, binder, and hole punch from Amazon.

A parenting plan can show you are thinking sensibly about co-parenting and your childrens future. It's hard to make timing decisions or other specifics without the approval of the other party and the court so just put, dates/time to be agreed where applicable.

Parenting Agreement For XXXXX

“The aim of this agreement is to put in place an arrangement for parenting our children that will benefit them over their childhood and enable them to be close to each of us."

PARENTING AND CARE ARRANGEMENTS
​

Our children will live with their mother as follows:

Our children will spend time with their father as follows:

Within this arrangement we agree that there will be flexibility as follows:

Delays caused by work commitments will be communicated and timings rescheduled amicably. Delays caused by illness of either parent or children will be communicated and timings rescheduled amicably.

Other people who will also look after our children are:

If a parent is ill and cannot care for our children, we will:

Communicate such events to the other parent in the first instance and make alternative arrangements.

When our children are in our care, we will undertake to communicate as follows:

Anything significant relating to the children’s health. Anything relating to the children’s education.

When our children are in our care, they will communicate with their other parent as follows:

Telephone or FaceTime call with the other parent whenever requested by the child/ren.

The rules around care for our children are:

The basic rules around issues such as bedtime, homework, and behaviour etc will be at the discretion of the parent with care.

HOLIDAYS AND OTHER SPECIAL TIMES

Holidays:

Both parents should be able to arrange a holiday with the children to a holiday destination for a defined period. Once agreed neither parent will obstruct the other parent from such arrangements. Both parents will agree to provide the other with as much notice as possible. Both parents will agree on a temporary rescheduling of the Parenting Plan to accommodate booked holidays. Both parents agree to permit the children to communicate via telephone or FaceTime with the other parent at the request of the children whilst on holiday.

Special days:

The children will be able to spend time with and receive gifts from both parents on their respective birthdays. Both parents will be able to spend time with and receive gifts from both children on their respective birthdays. The children should be encouraged to observe and spend time with either parent on Mother’s Day or Father’s Day.

Religious festivals (where applicable):

The children will be able to spend time with and receive gifts from both parents over the (religious) period. The children will be able to spend (overnight) and morning with either parent on alternating years. The parent that has the first (religius festival) overnight/morning will have the children for lunch. The other parent will then receive both children for the remaining half of (religious festival). The parent that has the children for the second half of (religious fesival) will have the children overnight until lunchtime on the following day before handing over the children to the other parent for the remaining half of (religious festival) and overnight.

Passports:

Both parents will agree on the production of Passports for both children to support travel for annual holidays. Both parents will share responsibility for holding the children’s passports depending on who is making arrangements at the time. Both parents will agree not to withhold the children’s passports to deny them a holiday

HEALTH AND EDUCATION

Health Issues:

Both parents will agree (or at least communicate with each other) which GP and Dentist the children will be registered with, who will take the children to medical appointments (e.g., the parent with whom the child is in the care of when the appointment falls). Both parents will agree to communicate any medical emergencies with the other parent.

Communicating with schools:

The school should be informed that the parents of XXXX XXXXX are operating a Parenting Plan. The school should be informed that both parents have parental responsibility and what that means in terms of their responsibility to communicate with each parent. Both parents have the right to attend parent’s evenings or other special school events etc.

Money:

Both parents will agree to share responsibility for purchasing items relating to school uniforms and school equipment. General weekday, weekend and holiday clothes will be the responsibility of the parent with care. The cost of funding school trips etc will be split equally by both parents.

Child Maintenance:

Child maintenance payments are currently made via the Child Maintenance Service with the father.

NEW PARTNERS

In the event that either parent meets someone new that they would like to form a relationship with they will follow these rules to avoid conflict with each other or placing stress on the children.

Telling each other:

Both parents will briefly and politely inform each other when appropriate.

Telling the children:

Both parents will inform the children when appropriate.

Other:

Both parents will agree to cooperate to deal with the children's reactions to new partners. Both parents will agree not to ask the children to call new partners 'mum' or 'dad' but to help them to understand that new people can be significant in their lives without replacing parental roles.

MANAGEMENT OF THIS AGREEMENT

Both parents agree to review the effectiveness of this agreement on an annual basis. If either party believes that this agreement is breaking down, they will resolve the issues by communicating them and making arrangements to review the agreement.

We will resolve disputes of the workings of the agreement with brief and polite communication. If either party wishes to vary this agreement, they must briefly and politely communicate this to the other parent. If variations either party wishes to make cannot be agreed both parties agree to seek and attend mediation to resolve.


Signed by Mother: _____________________________

Signed by Father: _____________________________

Witnessed by (optional): _____________________________

Date: ____________________

 

[MichaelFlatpoint]

@Bcc212 I'm not trying to knock the wind out of your sails, but I've got to throw this hand grenade in the room. You have'nt been ordered to produce a Court Bundle, its a FHDRA, not a Final Hearing, so why are you inconveniencing yourself with the task buddy?

Typically when they are ordered, they are ordered as paginated Digital Bundles, in .PDF format, so that you, the other party and the court can print them out.

I bought a cheap HP printer, binder, and hole punch from Amazon.

A parenting plan can show you are thinking sensibly about co-parenting and your childrens future. It's hard to make timing decisions or other specifics without the approval of the other party and the court so just put, dates/time to be agreed where applicable.

Parenting Agreement For XXXXX

“The aim of this agreement is to put in place an arrangement for parenting our children that will benefit them over their childhood and enable them to be close to each of us."

PARENTING AND CARE ARRANGEMENTS
​

Our children will live with their mother as follows:

Our children will spend time with their father as follows:

Within this arrangement we agree that there will be flexibility as follows:

Delays caused by work commitments will be communicated and timings rescheduled amicably. Delays caused by illness of either parent or children will be communicated and timings rescheduled amicably.

Other people who will also look after our children are:

If a parent is ill and cannot care for our children, we will:

Communicate such events to the other parent in the first instance and make alternative arrangements.

When our children are in our care, we will undertake to communicate as follows:

Anything significant relating to the children’s health. Anything relating to the children’s education.

When our children are in our care, they will communicate with their other parent as follows:

Telephone or FaceTime call with the other parent whenever requested by the child/ren.

The rules around care for our children are:

The basic rules around issues such as bedtime, homework, and behaviour etc will be at the discretion of the parent with care.

HOLIDAYS AND OTHER SPECIAL TIMES

Holidays:

Both parents should be able to arrange a holiday with the children to a holiday destination for a defined period. Once agreed neither parent will obstruct the other parent from such arrangements. Both parents will agree to provide the other with as much notice as possible. Both parents will agree on a temporary rescheduling of the Parenting Plan to accommodate booked holidays. Both parents agree to permit the children to communicate via telephone or FaceTime with the other parent at the request of the children whilst on holiday.

Special days:

The children will be able to spend time with and receive gifts from both parents on their respective birthdays. Both parents will be able to spend time with and receive gifts from both children on their respective birthdays. The children should be encouraged to observe and spend time with either parent on Mother’s Day or Father’s Day.

Religious festivals (where applicable):

The children will be able to spend time with and receive gifts from both parents over the (religious) period. The children will be able to spend (overnight) and morning with either parent on alternating years. The parent that has the first (religius festival) overnight/morning will have the children for lunch. The other parent will then receive both children for the remaining half of (religious festival). The parent that has the children for the second half of (religious fesival) will have the children overnight until lunchtime on the following day before handing over the children to the other parent for the remaining half of (religious festival) and overnight.

Passports:

Both parents will agree on the production of Passports for both children to support travel for annual holidays. Both parents will share responsibility for holding the children’s passports depending on who is making arrangements at the time. Both parents will agree not to withhold the children’s passports to deny them a holiday

HEALTH AND EDUCATION

Health Issues:

Both parents will agree (or at least communicate with each other) which GP and Dentist the children will be registered with, who will take the children to medical appointments (e.g., the parent with whom the child is in the care of when the appointment falls). Both parents will agree to communicate any medical emergencies with the other parent.

Communicating with schools:

The school should be informed that the parents of XXXX XXXXX are operating a Parenting Plan. The school should be informed that both parents have parental responsibility and what that means in terms of their responsibility to communicate with each parent. Both parents have the right to attend parent’s evenings or other special school events etc.

Money:

Both parents will agree to share responsibility for purchasing items relating to school uniforms and school equipment. General weekday, weekend and holiday clothes will be the responsibility of the parent with care. The cost of funding school trips etc will be split equally by both parents.

Child Maintenance:

Child maintenance payments are currently made via the Child Maintenance Service with the father.

NEW PARTNERS

In the event that either parent meets someone new that they would like to form a relationship with they will follow these rules to avoid conflict with each other or placing stress on the children.

Telling each other:

Both parents will briefly and politely inform each other when appropriate.

Telling the children:

Both parents will inform the children when appropriate.

Other:

Both parents will agree to cooperate to deal with the children's reactions to new partners. Both parents will agree not to ask the children to call new partners 'mum' or 'dad' but to help them to understand that new people can be significant in their lives without replacing parental roles.

MANAGEMENT OF THIS AGREEMENT

Both parents agree to review the effectiveness of this agreement on an annual basis. If either party believes that this agreement is breaking down, they will resolve the issues by communicating them and making arrangements to review the agreement.

We will resolve disputes of the workings of the agreement with brief and polite communication. If either party wishes to vary this agreement, they must briefly and politely communicate this to the other parent. If variations either party wishes to make cannot be agreed both parties agree to seek and attend mediation to resolve.


Signed by Mother: _____________________________

Signed by Father: _____________________________

Witnessed by (optional): _____________________________

Date: ____________________

Hi Kyle, really informative - thank you.

Like I said, it’s a bit of an unorthodox state of play. Although it’s a FHDRA, we’ve already had one and a series of events led to the hearing being completed, but then relisted due to a tactic the other side’s barrister played after the court made an order. So I have been ordered to produce witness statements and a bundle for the hearing. It states it at the bottom of the order, without any other instructions.

 

[Kyle]

Hi Kyle, really informative - thank you.

Like I said, it’s a bit of an unorthodox state of play. Although it’s a FHDRA, we’ve already had one and a series of events led to the hearing being completed, but then relisted due to a tactic the other side’s barrister played after the court made an order. So I have been ordered to produce witness statements and a bundle for the hearing. It states it at the bottom of the order, without any other instructions.

Got it!! So how is the bundle looking according to your index? Anything not yet complete/added? Example again below for info...

IN THE LONDON FAMILY COURT

CASE NO: LN123A1234

IN THE MATTER OF THE CHILDREN ACT 1989

AND IN THE MATTER OF EMILY SMITH (D.O.B. 30/01/2015)

AND JOSHUA SMITH (D.O.B. 06/03/2018)

BETWEEN: JOHN SMITH (Applicant)

AND SARAH SMITH (Respondent)

_______________________________________________________

INDEX FOR HEARING ON 07/03/2023
_______________________________________________________​

SECTION A: PRELIMINARY DOCUMENTS	PAGES
(i) Case Summary	A1
(ii) Chronology	A2
SECTION B: APPLICATIONS AND ORDERS
(i) A copy of the Applicants C100, dated 5th January 2022	B1 – B15
(ii) A copy of the interim court order, dated 12th February	B15 – B25
SECTION C: STATEMENTS & EXHIBITS
(i) Applicant’s position statement, dated 8th March 2022	C1 - C2
(ii) Respondents position statement, dated 6th April 2022	C3 - C4
(iii) Applicant's position statement, dated 10th November 2022	C5 - C6
(iiii) Screenshots of social media allegations	C7 - C15
SECTION D: CHILD CARE PLANS
(i) A draft copy of a Parenting Agreement	D1 - D10
SECTION E: EXPERT REPORTS
(i) A copy of the CAFCASS letter to court, dated September 22nd 2022	E1 - E10
SECTION F: OTHER DOCUMENTS
(i) A photo of me and my child	F1
(ii) Text messages between parties	F2 - F10

 

[MichaelFlatpoint]

It’s getting there. I’ve used examples from this thread to create the index & summary.

I’ve got the witness statements, my position statement from the last hearing, (emailed requesting theirs). All applications and orders are compiled.

I’m just awaiting the last bits of info and then I’ll look to add it all together, create the chronology and insert a draft parenting plan, which is going to be a little less thorough than the one you’ve attached. Then it’s just a case of formatting it all correctly.

Although the electronic C100 can’t really be modified to meet the size 12 font etc.

Thanks for your index! I’ve used it as a template for mine, however it’s slightly more compact. I’m unsure about adding any photos or texts, as they’re included in the statements.

 

[Kyle]

Although the electronic C100 can’t really be modified to meet the size 12 font etc.

Thanks for your index! I’ve used it as a template for mine, however it’s slightly more compact. I’m unsure about adding any photos or texts, as they’re included in the statements.

Don't worry about the court forms. You can't possibly satisfy the text format as they are. It only applies to the words you create.

And no need to add exhibits such as screenshots of texts or relavent photos if they're already in a previous statement.

 

[MichaelFlatpoint]

Don't worry about the court forms. You can't possibly satisfy the text format as they are. It only applies to the words you create.

And no need to add exhibits such as screenshots of texts or relavent photos if they're already in a previous statement.

When submitting to the court, did you physically handball the (4 copies in my case as magistrates) bundles and submit them in person to the court?

 

[Kyle]

When submitting to the court, did you physically handball the (4 copies in my case as magistrates) bundles and submit them in person to the court?

No. I emailed the .PDF Digital Bundle to my local Family Court with the ex copied in as ordered. You could ring your Family Court and ask the clerks advice. They should be able to provide an email, or they may even sugggest handing a hard copy in. Hard to predict. If you do email though, make sure your case reference number is clearly in the subject for traceability.

 

[MichaelFlatpoint]

Thanks for this! I’ll pop in tomorrow and see what’s what.

My order specifies that no other documents are to be filed apart from specified - so witness statements and evidence.

Am I actually allowed to include a parenting plan into the bundle? Wouldn’t I have to send a copy to the court and the other party first?

 

[Ash]

I wouldn't bother with a parenting plan if there wasn't one before. Didn't have one in my bundle. Any previous orders, yes (eg interim orders).

You can email it but the issue a lot of people have is the maximum attachment size for an email so you can't upload all the documents onto one email. Not sure what Kyle's method was though - so perhaps he has some tips there. I know one guy uploaded it all to dropbox and sent the dropbox link in an email but not entirely sure if that's acceptable. It was in his case but courts vary.

 

[MichaelFlatpoint]

Thanks Ash.

I’m pretty dead set on dropping the files in. Although still unsure if they need 4 copies or just the one!

Another problem is that the court where the hearing is taking place is in one town, but the court which receives documents is in another. So I really need to speak with them and figure out where I need to go!

They don’t make it easy…

 

[Ash]

Yes give them a call and ask how many copies you need to take and where. If you can't get through on the phone you can send an email. Some of the Clerks are quite helpful.

 

[Kyle]

You can email it but the issue a lot of people have is the maximum attachment size for an email so you can't upload all the documents onto one email. Not sure what Kyle's method was though - so perhaps he has some tips there.

I used www.ilovepdf.com to convert Word documents to .pdf and then merge all of the seperate pages into one .pdf document, which reduces its size, getting around the maximum email attachment size obstacle.

 

[Ash]

Useful tip! Thanks. Would you mind starting a separate post on how to do that Kyle and I'll sticky it so we can all find it easily in future!

 

[MichaelFlatpoint]

The drama continues.

I sent a draft index to the respondent and the court today.

Apparently they disagree with it and have questions. However, it’s a list of documents.

Do I have to disclose the summary of case and chronology ahead of submitting to them and the court? Or can they see it for the first time when I submit to both?