How to Write a Position Statement UK: A Step-by-Step Guide for Family Court

How to Write a Position Statement UK: A Step-by-Step Guide

If you're a parent representing yourself in family court in England or Wales, one of the most powerful tools you can use is a well-written position statement. This document helps you organise your thoughts and clearly explain your side of the story to the judge. But how do you write a position statement that is clear, focused, and effective? In this guide, we'll break down the process step by step and provide practical advice tailored for self-represented parents.

What Is a Position Statement and Why Is It Important?

A position statement is a written summary of your views, wishes, and concerns in your family court case. You hand it to the judge and the other party before a hearing. It does not replace your court statements or evidence but helps you present your case in a logical, respectful way. Crucially, your position statement can shape how the judge understands the main issues, especially if you’re nervous about speaking in court.

Position statements are recommended in family law guidance and by the Family Court Guide for Litigants in Person. They are commonly used in cases about child arrangements, parental responsibility, and domestic abuse.

When and How Should You Use a Position Statement?

You should prepare a position statement for:

• Each court hearing — this helps everyone understand your current position
• Interim or final hearings — update your statement as the case changes
• Key negotiations with the other parent or their lawyer

The court expects parties to share position statements before the hearing — ideally by email and always giving enough time for the other side to read it. Usually, you bring at least three copies: one for the judge, one for the other party, and one for yourself.

Step-by-Step: How to Write a Position Statement UK

1. Start with Basic Case Information
   • Case number (from above the court’s letter)
   • The full names of the parties
   • The date and type of hearing (e.g. first hearing, directions hearing, final hearing)
   • Your role (Applicant or Respondent)

   Example:
   Case Number: FE19P01234
   Applicant: Sarah Jones
   Respondent: Amir Khan
   Date: 20 July 2024
   Type of hearing: Directions hearing
   Position statement of Sarah Jones (Applicant)

2. Write an Introduction

   This should be a short paragraph describing why you are in court and what orders you are seeking. Be clear, polite, and to the point.

   Example: “This is my position statement for the directions hearing on 20 July 2024. I am seeking a Child Arrangements Order for regular contact with my son, Oliver Khan, aged 7. I am concerned about recent changes to contact and wish to set out my priorities and proposals.”

3. Explain the Background

   Briefly summarise relevant facts. Stick to issues the court needs to decide and avoid long accusations or emotional language. Include:

   • Past arrangements
   • Any changes since last hearing
   • Important events affecting your child

   Use paragraphs or bullet points for clarity.

4. Set Out Your Current Concerns and Proposals

   What is worrying you? What do you want to change? Be specific and suggest practical solutions that put your child’s needs first, as required by the Children Act 1989, section 1.

   • State your priorities (safety, stability, time with both parents, etc.)
   • Explain why your proposal is best for your child
   • Show willingness to cooperate where appropriate
5. Address the Court’s Key Questions

   Think about the court’s checklist (the ‘welfare checklist’ in the Children Act 1989, section 1) which covers:

   • Your child’s wishes and feelings (if age appropriate)
   • Your child’s physical, emotional, and educational needs
   • Any harm or risk of harm
   • The parents’ abilities to meet your child’s needs

   Address these points calmly — judges value solutions and facts, not blame or arguments.

6. Respond to the Other Party’s Main Points (If Needed)

   If the other parent has made specific allegations or suggestions, briefly reply. Stick to key facts — don’t get drawn into a ‘back and forth’ on minor issues.

7. Summarise What You Want the Court to Do

   Finish with a clear summary of the decisions or orders you are asking for. Phrase your requests respectfully (e.g. “I respectfully ask the court to consider...”).

8. Sign and Date the Statement

   End with your full name, signature, and date. You do not need to have it witnessed for court position statements.

Best Practice Tips for Writing an Effective Position Statement

• Be concise: Aim for 2-3 typed pages at most. Judges are busy.
• Be objective: Focus on your child’s best interests and facts, not blame or emotion.
• Be respectful: Use calm, formal language. Avoid insults or personal attacks.
• Be clear: Number your paragraphs, use headings, and check for spelling and grammar.
• Be prepared: Bring 3 copies to court. Email a copy (in PDF or Word) to the other side and court in advance if possible.

What Not to Include in Your Position Statement

• Private addresses or contact details
• Unproven allegations not backed up by evidence
• Confidential child protection information (let your social worker handle this)
• Irrelevant background or insults

Practical Example: Simple Template for a Family Court Position Statement

Below is a simple outline you can adapt for your case. Replace all text in brackets with your own information.

Case Number: [Your Case Number]
Parties: [Your Full Name] (Applicant) and [Other Party’s Name] (Respondent)
Date: [Date of Hearing]
Type of hearing: [e.g. First hearing, Directions, Final]

Position Statement of [Your Full Name]

1. Introduction
I am the [Applicant/Respondent] in this case. I am seeking [type of order] regarding [child’s name, age, relationship].

2. Background
A summary of relevant events and previous court orders.

3. Current Concerns
Set out your main concerns and the reasons you are applying (or responding).

4. Proposals
State clearly what you are asking the court to order, and why it is in the child’s best interests.

5. Welfare considerations
Brief comments on your child’s wishes, needs, any risk, and your ability to support them.

6. Conclusion
A summary of your requests to the court.

Signed: [Your Name]
Date: [Date]

How to Submit Your Position Statement

• Bring at least three copies on the hearing day
• Email a copy to the other party and to the court’s email address (find this on your court’s letters or the Gov.uk court finder)
• Check if the judge or legal adviser has your position statement as soon as you arrive
• Refer to your position statement during the hearing — it is perfectly acceptable to read from it

Frequently Asked Questions About Position Statements in UK Family Court

Do I have to write a position statement or is it optional?

No law forces you to provide a position statement, but judges and legal advisers appreciate them. Position statements help everyone stay clear about your case and can improve your confidence in court.

Can my position statement be used against me?

Yes, what you write may be referred to by the other party or the judge. Never include anything you would not wish to be read in court. Remain respectful and stick to the facts.

Can I update my position statement?

Yes. It is good practice to prepare a fresh position statement for each hearing or whenever significant facts change. Make sure you clearly date each version.

How long should my position statement be?

A statement of 1-3 pages is typical. Focus on the main points and avoid repetition; judges prefer brevity and clarity.