Quick Answer
A position statement is a short document (1–2 pages) submitted before each family court hearing. It tells the judge your position, what you agree and disagree with, and what orders you are seeking. It is not sworn evidence — it is a case summary.
A position statement is a document you submit to the family court before a hearing, setting out your case, the orders you are seeking, and the key issues in dispute. A well-written position statement can significantly influence the outcome of your hearing. This guide covers everything you need to know about writing an effective position statement.
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. A strong position statement can set the tone for your case.
A good position statement includes: (1) Introduction — who you are and your relationship to the child; (2) Background — brief factual history; (3) Current Position — what is happening now; (4) Orders Sought — exactly what you want the court to order; (5) Welfare Checklist — how your proposals serve the child's best interests.
Keep it factual and focused. Avoid emotional language and personal attacks. Address the welfare checklist under s.1(3) Children Act 1989. Use numbered paragraphs. Keep it under 4 pages unless the court directs otherwise. Always date and sign it. Submit it at least 3 working days before the hearing.
Do not include irrelevant historical grievances. Do not make allegations you cannot evidence. Do not exceed the page limit. Do not submit it late — aim to file at least 3 days before the hearing. Do not copy the other party's position statement format if it is poorly structured.
Understand the Hearing
Read the court order carefully to understand what the hearing is about and what the judge needs to decide.
Gather Your Facts
List the key facts chronologically. Focus on facts relevant to the children's welfare, not historical grievances.
Write the Introduction
State who you are, your relationship to the child, and what orders you are seeking.
Address the Welfare Checklist
Work through the s.1(3) Children Act welfare checklist and explain how your proposals serve each factor.
State the Orders Sought
Be specific about exactly what orders you want the court to make.
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.
Typically 2-4 pages (A4, 12pt font, double-spaced). Some courts specify a page limit in their directions. Always check the court order.
Usually 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.
Not always, but it is good practice for any substantive hearing. For a FHDRA, a short position statement is usually expected.
Yes. CourtCraft Advocate members get access to AI-powered position statement preparation tools and downloadable templates.
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