Position Statement

Position Statements in the Family Court – A Plain‑English Guide

1. What is a position statement and why do you need one?

A position statement is a short written note that tells the judge, in your own words, what you want the court to decide and why. - Purpose: It gives the judge a quick snapshot of your side of the case before the hearing starts, so they can focus on the issues that matter most. - Think of it as a brief “road map” for the judge: where you are coming from, what you are asking for, and the main reasons behind your request.

2. How long should it be?

- Maximum of two sides of A4 paper (about 300‑500 words). - Keeping it short helps the judge read it quickly and shows you can focus on the key points.

3. Simple structure to follow

- Section — What to include (in plain language) - Heading — Your name, the other party’s name, the case number, and the date of the hearing. Example: “Position Statement of Jane Smith (Applicant) – v – John Smith (Respondent) – Case No. FM12345/2024 – Hearing 10 November 2025.” - What you seek — One or two sentences stating the exact order you want the judge to make (e.g., “I am asking the court to grant me sole residence of the children and to order supervised contact for the father every other weekend.”). - Brief background — A very short summary of the relevant facts – who the children are, how long you’ve been separated, any previous court orders, and any urgent issues (like safety concerns). Keep it to 3‑4 sentences. - Your position — Explain, in plain facts, why you believe the order you’re asking for is appropriate. Focus on what is best for the children (or whatever the issue is) and any evidence you have (e.g., school reports, medical notes, a witness statement). Avoid feelings or accusations; stick to what happened and what you can show. - Order you ask for — Repeat the specific order you want, perhaps with a short note on any details (e.g., “I request that the children live with me Monday‑Friday, with the father having contact Saturday‑Sunday, and that contact be supervised at the local contact centre until further order.”). Tip: Use short paragraphs and plain sentences. If you find yourself writing a long story, ask: “Does this help the judge understand what I want and why?” If not, trim it.

4. Tone – factual, not emotional

- Stick to what you can prove (dates, documents, observed behaviour). - Avoid language that sounds angry, accusatory, or overly emotional (e.g., “He never cares about the kids” → instead, “The children have missed school on three occasions when the father was supposed to have them, as shown by the attendance records”). - A calm, respectful tone helps the judge see you as reasonable and focused on the children’s welfare.

5. When to file it

- File and serve the position statement at least 24 hours before the hearing (or as directed by the court’s timetable). - Send a copy to the other party (or their solicitor) and keep a copy for yourself. - If the court gives a specific deadline in a directions order, follow that deadline exactly.

6. What if you don’t have one ready for the hearing?

1. Tell the judge promptly – at the start of the hearing, say something like, “I’m sorry, I wasn’t able to prepare a position statement in time because [brief, factual reason]. May I have a few minutes to note down my main points?”

2. Ask for a short adjournment if you need a little more time to write a clear statement. The judge will decide whether to grant this based on the circumstances.

3. Focus on the essentials – if you must speak without a written statement, prepare three bullet points in your head: what you want, why you think it’s best for the children, and any key fact you can mention. Keep your spoken remarks short and to the point.

4. Learn for next time – after the hearing, note what made it hard to prepare the statement (e.g., lack of time, difficulty finding documents) and try to address those issues before the next date.

7. Quick checklist before you submit

- ☐ Heading with names, case number, hearing date. - ☐ One‑sentence statement of what you’re asking for. - ☐ Very brief background (who, what, when). - ☐ Your factual reasons (focus on children’s welfare). - ☐ Repeated request for the exact order you want. - ☐ No more than two pages. - ☐ Tone calm, factual, respectful. - ☐ Served on the other party and filed with the court before the deadline.

8. Final reminder

This guide explains the general process and format of a position statement in the family court. It is not legal advice for your particular situation. If you are unsure about any part of the process, what to include, or how the statement might affect your case, please consider speaking with a solicitor, a legal adviser, or a free legal‑help service (such as Citizens Advice or a local law clinic) for advice tailored to your circumstances. You’ve got this – take it one step at a time, keep the focus on what’s best for the children, and don’t hesitate to ask for help when you need it.