How to Write a Position Statement for the Family Court

What a Position Statement Is

A position statement is a short written document that sets out your position before a family court hearing. It is filed at court and served on the other party before the hearing. It tells the judge who you are, what you are asking for, and why. It is not a witness statement. It does not set out the detailed evidence in your case. It gives the judge a framework for understanding your position at a glance.

When It Is Required

Position statements are expected before most interim and final hearings in family proceedings. At the First Hearing Dispute Resolution Appointment, the court will typically expect both parties to have filed a position statement. At subsequent hearings including the Dispute Resolution Appointment and the final hearing, a more detailed position statement or case summary may be required. Check any directions order made by the court for specific requirements.

Structure of a Position Statement

A good position statement for a child arrangements case covers the following in this order: a brief introduction identifying who you are and your relationship to the child; a summary of the background, in no more than a paragraph; a section setting out your proposed arrangements for the child; the reasons for those proposals, expressed in terms of the child's welfare; and a brief response to the other party's position if it is known to you. Two to four pages is the right length. Judges read many position statements and appreciate brevity and clarity.

The most common mistake in position statements is telling the court everything that went wrong in the relationship. Courts do not need this. They need to know what you want, why it is good for the child, and that you have engaged with the process reasonably. Focus every sentence on the child.

Tone and Language

Write in plain English. Do not use legal jargon you do not fully understand. Do not use inflammatory language about the other parent. Do not make allegations that are not directly relevant to the welfare of the child. The tone should be measured, child-focused, and reasonable. Judges are experienced readers who can identify anxiety, anger, and genuine child-focus very quickly.

Referring to Evidence

A position statement is not the place to exhibit documents. If you want to rely on documentary evidence, attach it to a witness statement, not a position statement. You can briefly refer to the existence of evidence ("I have text messages from [date] confirming that contact was refused, which I am prepared to exhibit if required") without attaching it to the position statement itself.

Filing and Service

File your position statement with the court at least 24 hours before the hearing (check any specific directions). Serve a copy on the other party or their solicitor at the same time. Keep a copy for yourself to bring to the hearing. Take it into court with you and refer to it if you lose your thread.