How to write a position statement for a family court hearing

A position statement is one of the most useful documents you can prepare for a family court hearing. It tells the judge, in a few clear pages, what your case is about, what is in dispute and what you are asking the court to do.

For litigants in person and represented parties alike, a well-drafted position statement makes the hearing run more smoothly and significantly increases your chances of being properly heard. This guide explains what a position statement is, what to include and how to write one.

What is a position statement?

A position statement is a short document setting out your position on the issues before the court. It is not a witness statement (which is sworn evidence) and it is not a skeleton argument (which is a legal analysis). It sits between the two.

Its purpose is practical. The judge often picks up the papers shortly before the hearing. A clear position statement allows them to grasp the key points quickly, understand what each side is saying and focus the hearing on the issues that matter.

Position statements are now standard practice in most family court hearings, particularly child arrangements and financial remedy proceedings. The court usually expects to see one from each party.

When is a position statement used?

Position statements are most often filed for:

• First Hearing Dispute Resolution Appointments (FHDRAs) in child arrangements cases
• Directions hearings
• Dispute Resolution Appointments (DRAs)
• Interim hearings in financial remedy proceedings
• FDA and FDR hearings in financial remedy proceedings
• Any hearing where the court will be asked to make a decision based on the current state of the case

Position statements are not usually filed for final hearings, where witness statements, opening submissions and skeleton arguments take their place.

What should a position statement include?

A good position statement is structured, focused and short. Most are between two and four pages. The judge does not need a full case history; they need to understand where things stand right now.

Heading

The case name, court, case number, date of the hearing and which party the statement is for.

Brief background

Two or three short paragraphs setting out the factual context. Names, ages, key dates and what the case is about. Avoid going back further than necessary.

Procedural history

A short note on what has happened in proceedings so far. Any earlier orders, the current stage of the case and what was directed at the last hearing.

The issues

What is in dispute and what is agreed. This is often the most useful section for the judge.

Your position

What you are asking the court to do at this hearing and why. Be specific. If you are asking for a particular order, say so. If you are agreeing certain points but disputing others, make that clear.

The other side's position (if known)

A brief, neutral summary of where the other party stands. This shows you are engaging with the issues rather than just stating your own view.

Time estimate

How long the hearing is listed for and whether you think more time is needed.

Signature and date

Your name, signature and the date.

How long should a position statement be?

Most courts expect position statements to be no more than four pages and many family court regions have local guidance limiting them to two or three. If you cannot make your point in four pages, you are probably trying to include things that belong elsewhere.

Use clear headings, short paragraphs and plain English. The judge has many cases to read. Brevity is a virtue.

What to avoid in a position statement

Treating it as a witness statement

Position statements are not sworn evidence. Save detailed factual allegations for your witness statement. Use the position statement to summarise.

Emotional language

Phrases like "the respondent has shown utter contempt for" do not help. Stick to facts and procedural issues.

Long quotations from earlier orders

If the judge needs to read the previous order, they will. A brief reference is enough.

Submissions about credibility

Save these for the hearing itself.

New evidence

If you have important new evidence, it should go in a witness statement, not a position statement.

Repetition

If you have made a point, do not make it again.

How to format a position statement

Format matters more than people realise. A document that looks professional gets read more carefully.

• Use a clear font (Times New Roman, Arial or similar) at 11 or 12 point
• Number every paragraph
• Use bold headings to break up the document
• Justify or left-align text consistently
• Include the case name and number on every page
• Add page numbers
• Sign and date the final page

How to file and serve a position statement

The court usually expects position statements to be filed at least one or two clear working days before the hearing. Many local family courts have specific rules; some require statements by 4pm the day before, others by 10am on the morning of the hearing.

Check the directions made at the previous hearing. They often specify a deadline.

Position statements should be served on the other party (or their solicitor) at the same time as they are filed at court. Failure to serve can cause the court to question whether the statement should be considered at all.

Most courts now accept position statements by email. Use the appropriate court email address and put the case number in the subject line.

An example structure

To give a sense of how a position statement reads, a typical structure for a child arrangements case might be:

1. Introduction (one paragraph): who you are, who the children are, why this hearing matters
2. Background (one or two paragraphs): brief history
3. Procedural history (one paragraph): orders to date
4. Issues (one paragraph): what is agreed and what is disputed
5. Your position (two or three paragraphs): what you are asking for
6. Other party's position (one paragraph): your understanding of where they stand
7. Time estimate and conclusion (one paragraph)

That structure works for most hearings. Adjust the length of each section to fit the complexity of the case.

When to take legal advice

Many litigants in person prepare position statements themselves and do so effectively. Where the case is more complex, or where the hearing is particularly significant, having a barrister draft or review the position statement is usually worthwhile.

A direct access barrister can prepare a position statement to professional standards, ensuring the right tone, structure and content. This is often available on a fixed fee.

Looking for a barrister at short notice?

Direct access means you can instruct a specialist barrister without going through a solicitor first. This is often faster and significantly more cost-effective, particularly where the case is already part way through. Send us a short outline of your case and our team will respond the same working day.