Position statements are useful for the court in that they provide it with a brief outline of the applicant or respondent’s position in advance of the hearing. Whether you have a solicitor or you are representing yourself in family proceedings, it is helpful to know what to put into a position statement and understand how to best present your case. This guide explains everything you need to know.
Position statements are useful for the court in that they provide it with a brief outline of the applicant or respondent’s position in advance of the hearing. Whether you have a solicitor or you are representing yourself in family proceedings, it is helpful to know what to put into a position statement and understand how to best present your case. This guide explains everything you need to know.
If you have a family law issue and require legal advice to understand your options, contact specialist divorce solicitor Jemma Slavin of Stowe Family Law. Regional Director at this well-respected specialist family law firm, she is committed to offering a bespoke service to her clients which focuses on their specific needs and objectives.
What is a position statement?
A position statement does what it says on the tin: it outlines your position in relation to the case or issue at hand within a particular hearing. Generally speaking, position statements are not required for every hearing, but there are circumstances when the court will direct the parties provide one.
A well drafted, and, most importantly, succinct position statement, will increases the chances of the judge reading it in full. In family proceedings, judges have many hundreds of pages to read for each case, so if they are faced with a position statement of novel-length proportions with many attachments, it simply won’t be read. In any event, a position statement should not include evidence anyway because this will be filed separately.
A position statement is not an opportunity to litigate each and every issue, rather it serves to allow the judge to hit the ground running and grasp the fundamentals of a case. Essentially, the judge is looking for something they can read and digest quickly.
To paraphrase Shakespeare, when drafting a position statement, you should always keep in mind that brevity is the essence of wisdom. This means, keep it short, keep it to the point, and keep it to the issue being dealt with at that hearing.
What should I include in my position statement?
A position statement should be short – preferably one page, but two at the most. You should structure it around headings such as (or similar) “Background”, “Concerns”, and “Proposals”. This will keep you honest, and prevent you from including things like the time your ex left the lights on and curtains open for every Tom, Dick, or potential burglar, let’s call him Harry, to case the joint when you went out one time. Obviously, this is a purposefully ridiculous example, but it illustrates the point. If you have concerns about whether the other parent can care for your children, for example, then you can briefly describe them, but keep it strictly limited to the facts. Remove emotive details, as these only cloud the issues and obfuscate what you wish to say.
For a first hearing, it is advisable to including the following points in your position statement:
- Historical or background information relative to the issues for making the application – focus on the facts. Opinion doesn’t count, and if you stick to the facts, you give the other side less to dispute
- Brief summary of what has happened to bring the matter to court – focus on what is best for your children as this will be the court’s primary concern
- Watch your language – it’s not about “your time” with the children but the “children’s time” with their mum/dad. Don’t try to emulate lawyers and use legalese, phrases like “inter alia”, “aforementioned”, or “pursuant”. You may feel like Tom, “I want the truth!” Cruise, but in reality it won’t convince anyone
- Additional information that may support your case (do not include evidence at this stage, this can be done later in your witness statement)
- The outcome you would like to see from the court proceedings. You should ensure you are realistic and precise with what you write
The contents of a position statement for future hearings generally fit the same format, but may deviate slightly according to how the previous hearings have been conducted and what has been discussed or ordered. For example, when writing a position statement for a directions hearing, you will already know what the court is considering, and you can integrate what has happened since the last hearing.
If the application involves children, make sure the Welfare Checklist as set out by Section 1 of the Children Act 1989 is at the forefront of your mind when writing your position statement. This is what the court uses to determine what is in the best interests of the child in any given case.
You may be asked by the judge to clarify your position statement which is why it is important to be as unambiguous as possible, because doing so will ensure your statement is stronger than it would otherwise be.
How should the position statement be set out?
You can find many examples and templates online of position statements. But ideally, it should be set out as follows:
- Be on A4 sized paper
- Include the case number and the names of the Applicant and Respondent at the top
- Include numbered paragraphs and pages
- Use double line spacing
- End by writing the following “I believe the facts stated in this statement are true”
- Sign and date at the bottom of the last page
How do I give the judge my position statement?
It is recommended you send your position statement to the court and the other party or their solicitors well in advance of the hearing. Ideally, you want the statement to be seen by the judge before you walk in. Although in practice, there shouldn’t be an issue with handing it to the court usher and the other party on the day of the hearing. The purpose of providing a copy to the other side is to see whether an agreement can be reached before going into court.
If CAFCASS or other outside agencies are involved in the case, then you should also provide them with a copy of your position statement in the same way as described above.
Always remember to retain a copy of your position statement so you can refer to it before and during the hearing. This is particularly useful if you are representing yourself and lose your train of thought when presenting your case to the judge.
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