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Writing a Position Statement

Updated: May 16


What is a Position Statement, and when is it required?

A Position Statement is different from a Witness Statement. It is a clear, concise and specific document, usually no longer than two pages long. Your Position Statement is presented to the court to explain your circumstances, and why you are in court. Your Position Statement is handed to the family court judge for consideration, allowing him or her understand your background, current situation, and what you want to happen.

For example, your Position Statement may briefly explain your role as a parent prior to divorce or separation, outline your current child contact arrangements and then go on to explaining the contact that you want, including your reasons why.

How write a Position Statement for the Family Court?

Your Position Statement is a chance to boost your chances of success at the court hearing by outlining your situation and wishes, backed up by legitimate reasons that take into account the interests of all involved particularly focusing on what is in the best interests of your children (especially important where children are concerned).

To be viewed favourably by the court, it is important that your argument is conveyed in a measured and balanced way. The process of drafting your statement therefore requires careful planning – putting a good deal of thought into your content before committing words to paper.

It is important to be concise and specific within your Position Statement – it is no good rambling with little structure and focus, and you should stick to only the most relevant of information for the court to consider. This should all be geared to portray both you and your wishes in a favourable light.

Writing such an important document may seem an incredibly intimidating task, especially if you are unfamiliar with formal document writing. The outcome of your court hearing may well be determined at least in part by the contents of your Position Statement, which can place a great deal of pressure on you. We have prepared a free Position Statement Template which you can download HERE.


We also have prepared example Position Statements (with names being changed to protect confidentiality) that includes a Word Template which have tremendously helped other parents at a Family Court Child Arrangement Hearing. These sample Position Statements can be obtained HERE.

If you require some further help preparing this incredibly important document then email us or book an initial appointment with us.


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Disclaimer
 
Family Court Friend is NOT a legal advice service.  It is a support and guidance service.  

 

Although  Deborah Nelson is a qualified Solicitor she does  not hold a practising Certificate to be able to advise you as to the merits of your case.  We are providing a service to you as a McKenzie Friends/Legal Assistants and therefore will not be responsible for any adverse decisions made in your case resulting from documents we have helped you prepare and guidance given to you prior to or during court proceedings.  We will not be responsible for any decisions made by you, the court or the other party's solicitor. or applications, 

 

If you require advice about the merits of your case or application or what to say in your statements you should consult a Practising Solicitor who is regulated by the Solicitor's Regulation Authority or a Direct Access Barrister.  

2015 Deborah Nelson with Wix.com