How to Write a Position Statement for Family Court

Writing a position statement can feel overwhelming, especially when you are representing yourself. This document is your opportunity to tell the court your side of the story clearly, concisely, and professionally.

A position statement is not your evidence (that is your witness statement), but it sets the stage for your arguments at the hearing.

What is a Position Statement?

A position statement is a short document that outlines your views on the issues before the court. It is intended to help the Judge and the other party understand your stance on the matters to be decided.

Key Elements to Include

A high-quality position statement should be structured logically. Consider including the following elements:

• Introduction: Briefly state who you are and the purpose of this statement.
• The Issues: Clearly list the specific matters the court needs to decide (e.g., contact arrangements, holiday schedules, or specific safeguarding concerns).
• Your Position: Explain what you are asking the forum to order. Be specific about the schedule or the rules you are proposing.
• Summary of Evidence: Briefly refer to the evidence already filed (e.g., "As demonstrated in the WhatsApp chronology provided...").
• Conclusion: A brief summary of the order you are seeking.

Tips for Success

1. Be Concise

Judges have incredibly heavy caseloads. Get straight to the point. Avoid long-winded explanations of historical disputes that do not directly impact the immediate hearing. If it's not relevant to the decision today, leave it for the witness statement.

2. Maintain a Professional Tone

This is perhaps the most critical tip. Avoid emotive, aggressive, or attacking language. Instead of saying "He is a liar and a manipulator," say "The respondent's account is contradicted by the messages dated 12/05/2024, which are included in the evidence bundle." A professional tone builds your credibility with the court.

3. Focus on the Children

In family court, the welfare of the children is the paramount consideration. Every argument you make should be framed around how the proposed arrangement serves the child's best interests. Avoid making the argument about your own convenience.

4. Stick to the Facts

The position statement is your "roadmap." Use it to guide the judge through the issues. If you make a claim, ensure you can point to a piece of evidence (a text, an email, a report) that supports it.

How MyCaseOrganiser Can Help

A strong position statement relies on accurate, organized facts. MyCase and the tools provided by MyCaseOrganiser help you find the contradictions, build the timelines, and extract the key dates that form the backbone of a persuasive argument.

Start Organising Your Evidence Today