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Position Statements

What is this? A position statement is a short written document you give to the court (and usually to the other party) that explains what you want the judge to decide and why, in your own words. What happens in practice?

1. Before a hearing – The court may ask you (or the other side) to file a position statement a few days before the hearing, especially for interim or final hearings about children, finances, or arrangements.

2. You write it – You set out your main points, what you are asking for, and the reasons behind those requests.

3. You serve it – You send a copy to the other party (or their solicitor) and file the original with the court, usually by email or through the court’s online portal.

4. The judge reads it – At the start of the hearing the judge will have read your statement and will use it to understand your stance before hearing any oral evidence or arguments.

5. It can be updated – If new information comes up, you can file an amended position statement before the next hearing.

What do I need to do? - Keep it brief – Aim for one to two pages; focus on the key issues the judge needs to know. - Use clear headings – For example: 1. Introduction – Your name, the case number, and the hearing date. 2. What I am asking for – A bullet list of the orders you want (e.g., “I ask the court to grant me sole residence of the children”). 3. Why I am asking for this – Short paragraphs explaining your reasons, referencing any relevant facts (e.g., the children’s school location, work schedule, any welfare concerns). 4. Anything the other side has said – Briefly note if you disagree with something they have claimed and why. 4. Conclusion – A polite request that the court consider your position. - Stick to facts – Avoid emotional language or accusations; focus on what happened, what you need, and how it affects the children or finances. - Check the court’s directions – Some courts give a template or a word limit; follow any specific instructions they provide. - Serve it on time – Usually at least 24–48 hours before the hearing; late filing may annoy the judge or be ignored. - Keep a copy – Save a version for your own records and bring a printed copy to the hearing just in case. Where can I find more help? - GOV.UK – Family Court forms and guidance: https://www.gov.uk/government/collections/family-court-forms - Citizens Advice – Going to court: https://www.citizensadvice.org.uk/family/going-to-court/ - Rights of Women – Family law advice: https://rightsofwomen.org.uk/get-information/family-law/ - Gingerbread – Support for single parents: https://www.gingerbread.org.uk/ - Law Centres Network – Free legal help: https://www.lawcentres.org.uk/ - Advocate (formerly Bar Pro Bono Unit): https://www.weareadvocate.org.uk/ Remember: this is general guidance only. For advice specific to your situation, speak to a solicitor, legal aid provider, or your local Citizens Advice.

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