Position Statements in Family Court

When families face disputes that reach the family court in England and Wales, clear communication becomes essential. One key document used in these proceedings is the position statement. This document helps the court understand each party’s views and the issues in dispute. Knowing what a position statement is and why it is used can make the process feel more structured and less overwhelming.

What Is a Position Statement?

A position statement is a written document prepared by someone involved in a family court case. It sets out their perspective on the issues before the court and helps explain what they would like the court to consider. Unlike lengthy legal arguments, a position statement focuses on the key points the judge needs to understand at that stage of the case.

Position statements are used to:

• Provide the judge with a clear summary of each party’s position

• Highlight areas where parties agree or disagree

• Assist the court in managing the next steps in the case

When Are Position Statements Used?

Position statements can be used at different points throughout family proceedings, including:

• Case management hearings – early in the case, when the court gives directions

• Dispute resolution appointments – where issues are narrowed and alternatives to a final hearing are explored

• Final hearings – when decisions are made about child arrangements, finances, or other matters

Not all hearings require a position statement, but the court will usually make it clear when one is needed.

Optional Addition: Preparing One Even When Not Requested

Some hearings do not require a position statement, but individuals sometimes prepare one anyway. Doing so can help them stay focused, avoid forgetting key points, and feel more confident when speaking in court. While it is not compulsory unless ordered by the judge, having a clear summary of your position can make it easier to communicate your views and ensure the court understands the main issues from your perspective.

What Does a Position Statement Usually Contain?

While every family court case is different, position statements often follow a simple structure. They are usually organised in a way that helps the judge understand the key points quickly.

A position statement typically includes:

• Basic case information – such as the names of the parties, the case number, and the date of the hearing

• A brief outline of the issues – identifying what the court is being asked to consider

• The party’s current position – summarising what they want the court to be aware of at that stage

• Relevant background information – limited to facts that help explain the situation

• Any proposals going forward – such as suggestions that may help progress the case

These features help keep the document focused and clear, without overwhelming the court with unnecessary detail. The aim is not to argue the whole case in writing, but to highlight the key points the judge needs to understand for that hearing.

How Can a McKenzie Friend Help?

A McKenzie Friend cannot give legal advice or draft a position statement for someone, but they can:

• Help organise thoughts and documents

• Provide emotional support during preparation

• Assist with formatting or typing if required

• Help ensure the statement remains focused and calm

This practical support can make the task feel less daunting, especially for those representing themselves.

Why Position Statements Matter

Well-organised position statements help the judge understand the issues quickly, which can:

• Reduce confusion

• Avoid unnecessary delays

• Support more focused hearings

• Help identify areas where agreement is possible

In some cases, clarity in a position statement can even lessen conflict by reducing misunderstandings.

Final Thoughts

Position statements play a significant role in family court proceedings. They provide a structured way for parties to express their views, making the process clearer for everyone involved. Understanding their purpose and approaching them in an organised, calm manner can help you feel more prepared as your case progresses.

If you need support organising your thoughts or preparing for court, a McKenzie Friend can offer practical assistance and reassurance throughout the process.

If you are representing yourself in Family Court and feel unsure about preparing for hearings or organising your documents, Guiding Stars UK can help. We offer calm, structured McKenzie Friend support for individuals navigating family proceedings, including help with understanding court paperwork, preparing statements, and feeling confident on the day of your hearing.

Disclaimer

This article provides general information only and does not constitute legal advice. Guiding Stars UK provides independent McKenzie Friend support in line with the Practice Guidance (Family Courts, 2010).