Position Statements in Family Court: What They Are and How to Write One

Before most family court hearings, you will be expected to file a position statement.

Many litigants in person do not know this until the week before the hearing. Some find out on the day. Some never file one at all and walk in at a disadvantage before they have said a word.

A position statement is a short document. It tells the judge, in advance of the hearing, what your position is, what you are asking for, and what the key issues are from your perspective.

It is not your full case. It is not a witness statement. It is a focused, hearing-specific document that frames what you want the court to do that day.

Getting it right makes a difference. Getting it wrong, or not filing one at all, tells the judge something about how prepared you are.

What a Position Statement Is Not

Start here, because most people misunderstand this.

A position statement is not the place to set out everything that has happened. It is not a history of the relationship, a list of the other party's failings, or a detailed account of every incident since separation.

It is not a witness statement. A witness statement is sworn evidence setting out facts you can speak to from personal knowledge. A position statement is an advocacy document. It tells the court what you want and why, at this specific hearing.

It is not an opportunity to relitigate everything. If the judge has already made a decision on something in a previous hearing, a position statement is not the place to reopen it unless there are fresh grounds.

When You Need One

You need a position statement at most contested hearings. That includes:

• The First Hearing Dispute Resolution Appointment (FHDRA) in England and Wales
• Directions hearings
• Dispute Resolution Appointments in financial remedy proceedings
• Final hearings

Some courts specify what they want in a position statement at each stage, either in the court order listing the hearing or in the court's own guidance. Follow those instructions if they exist.

If no guidance is given, the default is a concise document, usually one to two pages, filed the day before the hearing and sent to the other party at the same time.

What to Include

Your Headline Position

Start with a single clear statement of what you are seeking at this hearing. Not a paragraph. A sentence.

For example: you are seeking a child arrangements order providing for your child to live with you and spend alternate weekends with the other parent. Or: you are asking the court to make a final order in line with the proposals set out in your Form E and witness statement.

The judge should know within the first few lines exactly what you want.

Background Context

A short summary of where the case is. How long proceedings have been ongoing. What orders are already in place. What the key dispute is. This is context, not argument. Two to three sentences is usually enough.

Your Position on the Key Issues

For each issue in dispute, state your position clearly. Use headings or numbered points so the judge can follow it easily.

Keep each point focused. What is the issue? What do you say about it? Why is your position in the child's best interests, or supported by the evidence?

Tie your arguments to the welfare checklist in Section 1 of the Children Act 1989 if you are in England and Wales, or to Article 3 of the Children (Northern Ireland) Order 1995 if you are in Northern Ireland. Every argument should speak to the welfare of the child.

Any Proposals for Resolution

If there is any scope for agreement, say so. Courts expect parties to try to resolve matters. A position statement that shows you are willing to engage with a sensible outcome makes a better impression than one that treats everything as a fight to the death.

Any Procedural Matters

If there are directions you are asking the court to make, or if there are directions from a previous hearing that have not been complied with, flag those clearly.

What to Leave Out

• The full history of the relationship. One sentence of context is enough.
• Everything the other party has done wrong. That belongs in your witness statement, and only where it is directly relevant to the legal test.
• Emotional language. Phrases like "the other parent has destroyed our family" suggest to the judge that you are driven by emotion rather than focused on the child.
• Irrelevant details. If it does not speak to the welfare checklist or the specific issue before the court at this hearing, leave it out.
• Repetition. If you have made a point once, you do not need to make it again.

Format and Presentation

Keep it to two pages maximum for most hearings. Final hearings may allow slightly longer, but even then, brevity and clarity are valued.

Use clear headings. Numbered paragraphs are common in court documents and make it easier for the judge to refer back to specific points.

Use plain English. You do not need legal language. Clear, direct sentences are better than complex formulations.

Identify yourself at the top: your full name, your role in the case (applicant or respondent), the case number, and the date.

File it the day before the hearing. Send a copy to the other party or their solicitor at the same time.

The Position Statement at a Final Hearing

At a final hearing, your position statement carries more weight. It may be longer, up to four or five pages in a complex case. It should set out your final position on every issue the judge will decide.

At a final hearing, you will usually also file a witness statement. The position statement and the witness statement do different things. The witness statement is evidence: facts you can give evidence about from your own knowledge. The position statement is argument: what you say those facts mean and what order you are asking for.

Do not confuse the two. Do not duplicate between them. Use each document for its proper purpose.

Northern Ireland

Position statements are used in Northern Ireland family proceedings in the same way as in England and Wales. The same principles apply: focused, concise, tied to the welfare provisions of the Children (Northern Ireland) Order 1995. Specific procedural requirements for filing and service may differ. Follow the directions given by the court in your case.

Getting Your Position Statement Right

A poorly written position statement sets a bad tone for the hearing before it has started. A well-written one shows the judge you understand the case, you understand what the court is trying to achieve, and you have prepared.

John works with clients on position statements at every stage of proceedings. Getting the framing right, cutting what does not help, and making sure every argument speaks to what the judge is actually applying.

Pricing starts at £297 for one hour.