Quick Answer
A position statement is a 1–2 page document submitted before each hearing. It tells the judge your position, what you agree and disagree with, and what orders you seek. Structure it: introduction → background → orders sought → welfare checklist.
A position statement is one of the most important documents you will submit to the family court. A well-written position statement can set the tone for your entire case. This step-by-step guide covers everything you need to know — structure, content, length, and common mistakes to avoid.
Written by CourtCraft Advocate — Expert McKenzie Friend & Family Court Support
A position statement is a concise document — usually 2–4 pages — that tells the judge who you are, what has happened, what orders you want, and why. It is not a witness statement. It is a summary of your position and the key issues for the court to decide at the upcoming hearing.
Unlike a witness statement, which is sworn evidence, a position statement is an advocacy document. It is your opportunity to frame the issues in a way that is most favourable to your case, while remaining factual and focused on the welfare of your children.
A well-structured position statement follows this format:
Heading
Case name, court, case number, hearing date, and your name as Applicant or Respondent.
Introduction
Who you are, your relationship to the child, and a one-sentence summary of what you are seeking.
Background
A brief, factual chronology of the key events. Use numbered paragraphs. Keep it relevant.
Current Position
What is happening now — current arrangements, any breaches, and the immediate issues.
Orders Sought
Exactly what you want the court to order. Be specific and use precise legal language.
Welfare Checklist
Address each factor under s.1(3) Children Act 1989 and explain how your proposals serve the child's best interests.
Read the Court Order
Carefully read the court order to understand what the hearing is about and what the judge needs to decide. Your position statement should be focused on the issues listed in the order.
Gather Your Facts
List the key facts chronologically. Focus only on facts relevant to the children's welfare. Avoid historical grievances that are not directly relevant to the current issues.
Write the Introduction
State who you are, your relationship to the child, and what orders you are seeking. Keep this section to one short paragraph.
Write the Background
Provide a brief, factual history of the case. Stick to relevant events. Use numbered paragraphs for clarity.
Address the Welfare Checklist
Work through the s.1(3) Children Act welfare checklist and explain how your proposals serve each factor: the child's wishes, physical and emotional needs, the effect of change, any risk of harm, and the capability of each parent.
State the Orders Sought
Be specific about exactly what orders you want the court to make. Use clear, precise language. For example: "The Applicant seeks a Child Arrangements Order that [child] lives with the Applicant and spends time with the Respondent every other weekend."
Proofread and File
Check for errors, keep it under 4 pages, date and sign it, then file with the court and serve on the other party at least 3 working days before the hearing.
The welfare checklist under s.1(3) Children Act 1989 is the framework the court uses to assess what is in the child's best interests. Your position statement should address each factor:
The child's wishes and feelings
Consider the child's age and understanding. Older children's views carry more weight.
Physical, emotional and educational needs
Explain how your proposals meet each type of need.
The likely effect of any change
Address how the proposed arrangements will affect the child's stability and routine.
Age, sex, background and characteristics
Consider any specific needs arising from the child's background or characteristics.
Any harm suffered or at risk of suffering
If there are safeguarding concerns, address them factually with evidence.
Capability of each parent
Focus on your own positive parenting capabilities, not just criticising the other parent.
A position statement should be 2–4 pages (A4, 12pt font, double-spaced). Some courts specify a page limit in their directions — always check the court order. Judges appreciate brevity and clarity.
Submit your position statement at least 3 working days before the hearing, or as directed by the court. File it with the court and serve a copy on the other party at the same time.
Not always, but it is good practice for any substantive hearing. For a First Hearing Dispute Resolution Appointment (FHDRA), a short position statement is usually expected.
The welfare checklist is the list of factors under s.1(3) Children Act 1989 that the court must consider. You should address each factor in your position statement to show how your proposals serve the child's best interests.
Yes. A template provides a useful structure, but you must personalise it to your specific case. CourtCraft Advocate provides AI-powered position statement preparation tools and downloadable templates.
Writing a position statement is one of the most important things you can do for your family court case. CourtCraft Advocate provides AI-powered position statement preparation, McKenzie Friend support, and expert guidance — so you walk into court fully prepared.
Prepare Your Position Statement at CourtCraft Advocate →courtcraftadvocate.com — AI-powered McKenzie Friend & family court support