What is a position statement in family court?

A short document summarising what you are asking the court to do at this hearing and why. It is not evidence and it is not a witness statement. Judges frequently read it before the hearing begins.

How long should a position statement be?

One to two pages for most hearings. Longer statements are read less carefully, not more.

Do I have to file a position statement?

It is not always directed, but it is almost always helpful and courts expect them at most hearings. File it with the court and send a copy to the other party, usually by the working day before the hearing unless a direction says otherwise.

What is the difference between a position statement and a witness statement?

A witness statement is evidence: your account of facts, signed with a statement of truth. A position statement is argument and summary: what you want the court to decide now, and why.

What is a position statement?

7 min read · Last reviewed 1 August 2026

Most litigants in person arrive at court intending to explain everything out loud, and then find themselves nervous, interrupted, and out of time. A position statement solves that. It puts your case in front of the judge in writing, in the calmest version of your own words, before anyone has said anything.

A structure that works

1
Heading
Case number, the names of the parties, the hearing date, and whose statement it is. 'Position Statement of Sarah Jones (Applicant Mother) for the hearing on 14 September 2026.'
2
One paragraph of background
Who the children are, their ages, and where they live now. Three or four sentences. The judge has the file.
3
What is agreed
Put this before the disagreement. It shows you are reasonable and it narrows the hearing immediately.
4
What is in dispute
The specific questions you say the court needs to resolve. Numbered.
5
What you are asking for today
In concrete terms: 'alternate weekends from Friday 5pm to Sunday 5pm, starting 20 September.' Not 'more time'.
6
Directions you are asking for
A section 7 report, police disclosure, permission to file statements by a date. Say what you need to get the case to a decision.

Tone

Neutral, short sentences, no adjectives about the other parent. Refer to them as "the respondent father" or by name, never as "he" throughout a rant. If you are describing something bad, describe it factually and let the fact do the work:

Not: "He constantly and deliberately messes the children about, as usual."
Better: "Contact did not take place on 6, 13 and 27 July. On each occasion the respondent cancelled by text on the morning."

What to leave out

The entire relationship history
Anything about money, unless it is directly relevant to the children issue before the court
New allegations raised for the first time. Those belong in a proper statement or a C1A
Attachments and exhibits. A position statement is a summary, not a bundle
Anything you would be embarrassed to have read aloud

Filing it

Email it to the court with the case number in the subject line, and send it to the other party or their solicitor at the same time. Take three printed copies with you: one for the judge, one for the other side, one for you. Do not send anything to a judge that you have not also sent to the other party.

Write it a few days early, then reread it the night before. Almost everyone cuts a third of it, and the shorter version is always stronger.

Signing

A position statement is not evidence, so it does not need a statement of truth. Sign and date it anyway, and say whether you are represented or acting in person.

Common questions

What is a position statement in family court?: A short document summarising what you are asking the court to do at this hearing and why. It is not evidence and it is not a witness statement. Judges frequently read it before the hearing begins.
How long should a position statement be?: One to two pages for most hearings. Longer statements are read less carefully, not more.
Do I have to file a position statement?: It is not always directed, but it is almost always helpful and courts expect them at most hearings. File it with the court and send a copy to the other party, usually by the working day before the hearing unless a direction says otherwise.
What is the difference between a position statement and a witness statement?: A witness statement is evidence: your account of facts, signed with a statement of truth. A position statement is argument and summary: what you want the court to decide now, and why.