What Is a Position Statement
A position statement is a short document that sets out your position on the issues before the court, filed and served before a family court hearing. It is not a witness statement -- it is a focused summary of where you stand on the matters the judge will need to consider at that particular hearing.
When You Need One
The complete step-by-step guide: Position Statement -- Complete Pack. Everything you need to act today, not next week.
You should file a position statement before most substantive family court hearings -- particularly the FHDRA and any subsequent directions hearings. The position statement should be filed at court and served on the other party at least 24 hours before the hearing.
What to Include
A good position statement includes: a brief introduction setting out who you are and the nature of your application, what you agree with from the other party's position, what you disagree with and why, what order you are asking the court to make at this hearing, and any matters you want to raise that are not covered elsewhere.
What Not to Include
Do not repeat everything in your witness statement. Do not make new factual allegations without evidence. Do not include irrelevant background about the relationship breakdown. Every paragraph should be directed at the issues that the judge will decide at this particular hearing.
Length and Format
Position statements are typically two to four pages for a directions hearing and up to eight pages for a final hearing. Use numbered paragraphs. Use plain English. The document should be clear enough for the judge to read quickly and understand your position before the hearing starts.
The Tone
Maintain a measured, child-focused tone. Avoid accusations and emotional language. A position statement that demonstrates you are focused on the child's welfare and are approaching the proceedings constructively will make a better impression than one that attacks the other party.