When attending a family court hearing, whether it's for child arrangements, financial disputes, or another family matter, submitting a position statement is a critical part of the process. A well-written position statement outlines your key arguments, helping the judge understand your perspective on the issues at hand. But to be effective, it must be clear, concise, and to the point—while avoiding unnecessary details that can lead to judicial boredom.
In this blog, we’ll explain how to write a position statement that is focused, relevant, and helps you effectively communicate your stance in family court.
What is a Position Statement?
A position statement is a short written document submitted to the family court before or during a hearing. It sets out your position on the key issues in dispute, provides a summary of relevant facts, and outlines what you want the court to decide (your "orders sought"). It gives the judge a clear sense of your priorities and concerns, helping them to quickly grasp the core issues of the case.
Why is it Important?
Family court judges have a limited amount of time to read and assess the details of each case. By presenting a well-structured and concise position statement, you ensure that your key points stand out and are easy to digest. This will help the judge engage with your case more effectively and, ideally, lead to a more favourable outcome.
Key Principles for Writing an Effective Position Statement
Be Clear and Focused Stick to the core issues that the court is dealing with, whether that’s child arrangements, financial matters, or other family law concerns. Avoid going off-topic or including unnecessary information about past grievances that aren't directly relevant to the decisions at hand.
Tip: Begin your statement with a clear summary of what you want from the court. This helps to set the tone and direction for the rest of the document.
Keep it Concise Judges appreciate brevity. Avoid long, rambling statements and focus on the most important points. If your position statement is too lengthy, the judge may skim through it or miss key details altogether. Aim for no more than 1-2 pages if possible.
Tip: Use bullet points or numbered paragraphs to break up the text and make it easier for the judge to follow your key arguments.
Use Plain Language Legal jargon and overly formal language can be off-putting and confusing. Write your position statement in simple, straightforward language that the judge—and anyone else reading it—can easily understand.
Tip: Avoid using legal terms unless you are confident about their meaning and relevance. Stick to plain English and explain things as clearly as possible.
Be Objective and Neutral in Tone It’s natural to feel emotional when dealing with family court issues, but your position statement should remain professional and factual. Avoid making accusations or emotional statements that can come across as hostile or unhelpful. Focus on the facts and what you want the court to decide.
Tip: Rather than writing “My ex is always late to pick up the children,” say “The children have been collected late on several occasions, which causes them distress. I would like a more consistent arrangement for the benefit of their routine.”
State What Orders You Are Seeking Be clear about what you want the court to do. This could be an order regarding child arrangements, financial support, or any other relevant issue. Be specific and realistic in your requests.
Tip: Include a section titled “Orders Sought” towards the end of your position statement, where you clearly list what you are asking the court to decide.
Provide Relevant Background Information While your position statement should be concise, you still need to provide the judge with enough context to understand the case. Include a brief summary of the background, but avoid unnecessary details that don’t add to your core arguments.
Tip: Focus on the timeline of key events that are directly relevant to the issues at hand. For example, if it’s a child arrangements case, highlight significant dates such as the separation, when disagreements over contact began, and any changes in the child’s routine.
Be Honest and Transparent The court expects honesty. If there are issues that may not work in your favour, such as missed contact visits or past disputes, it’s better to acknowledge them briefly than to avoid or misrepresent the truth. The judge will appreciate your transparency.
Tip: If there’s a challenging issue in your case, address it head-on by explaining why it occurred and how you plan to avoid similar problems in the future.
Structure of a Position Statement
Here’s a suggested structure for a clear, concise, and effective position statement:
Heading
Case number, names of the parties (you and the other parent or party), and the date of the hearing.
Your name and role in the case (e.g., applicant, respondent).
Introduction
A brief introduction stating the purpose of the statement and the key issues you want the court to address. For example, “This position statement sets out my views on child arrangements for my two children, [Child's Name] and [Child's Name], and the orders I am seeking.”
Summary of Key Issues
Set out the main points in dispute. Be clear and concise, and use bullet points or short paragraphs to make the issues easy to follow.
For example, “The key issues in dispute are: (1) the frequency and duration of contact between the children and their father, (2) holiday arrangements, and (3) decisions regarding the children’s education.”
Background Information
Provide a brief and relevant summary of the background to the case. Keep it focused on the facts and timeline of events directly related to the current issues. Avoid lengthy narratives or emotional statements.
Your Position on Each Issue
For each of the issues identified, clearly set out your position. Be concise and explain what you believe is in the child’s or family's best interests.
For example, “I propose that the children stay with their father every other weekend, from Friday afternoon to Sunday evening. This arrangement will provide stability and allow the children to maintain a strong relationship with both parents.”
Orders Sought
Clearly list the specific orders you are asking the court to make. Be realistic and practical in your requests.
For example, “I am seeking the following orders: (1) a child arrangements order that the children live with me during the week and spend alternate weekends with their father, and (2) a specific issue order that the children attend [School Name].”
Conclusion
End your statement by briefly reiterating what you hope the court will decide and why this is in the best interests of the child or parties involved.
Final Tips for Avoiding Judicial Boredom
Stick to the Point: Judges read many position statements, so keep yours brief and avoid going off on tangents.
Use Formatting Wisely: Break up text with headings, bullet points, and short paragraphs to make it easier to read.
Focus on the Child’s Best Interests: If your case involves children, always frame your position around what’s best for them, not what suits you.
Proofread: Ensure your statement is free from typos, spelling errors, or grammatical mistakes. This adds professionalism to your document.
Final Thoughts
Writing a position statement that is clear, concise, and focused on the relevant issues will help you present your case effectively in family court. By avoiding unnecessary details and emotional language, you’ll make it easier for the judge to understand your position and, ultimately, make a decision that reflects the best interests of your family.
If you need support with family mediation or preparing for a court hearing, Amy Dixon Coaching is here to help. Our team can guide you through the process, ensuring your documents are clear and well-structured, helping you put your best case forward.
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