Understanding Position Statements in Family Court: A Practical Guide

What Is a Position Statement?

A position statement is a written document prepared by a party involved in family court proceedings. It provides the court with a clear summary of that party's position, the key issues they would like the court to consider, and any proposals they wish to put forward for that hearing.

Position statements are used to:

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

• Highlight areas where parties agree or disagree.

• Help the court understand the issues it is being asked to consider.

  
  

When Are Position Statements Used?

Position statements can be used at different stages of family court proceedings. They are commonly used before a range of hearings to help the court understand each party's position and the issues to be considered at that stage of the case.

Not every hearing requires a position statement, but the court will usually make it clear if one is expected.

Preparing a Position Statement: Even When Not Requested

Some hearings do not require a position statement. Some people choose to prepare one anyway, as it 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 to help the court 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 the points they would like the court to consider.

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

• Any proposals going forward: where appropriate.

These features help keep the document focused and clear, without overwhelming the court with unnecessary detail. The aim is not to set out every detail of the case in writing, but to highlight the key points you want the court to understand for that hearing.

How Can a McKenzie Friend Help?

A McKenzie Friend can provide practical support when preparing a position statement.

They cannot act as your legal representative or provide legal advice, but they may be able to assist by:

• Helping you organise your thoughts and paperwork.

• Assisting with the structure and formatting of the document.

• Typing or proofreading the statement based on your instructions.

• Helping you present your information clearly and calmly.

• Providing reassurance and practical support throughout the preparation process.

Why Position Statements Matter

A clear position statement can help the court understand your position and the issues you would like it to consider at that hearing.

Helpful Tips for Preparing a Position Statement

Writing a position statement can feel overwhelming, but it doesn’t have to be. Here are some tips to make the process easier:

1. Start Early: Give yourself plenty of time to gather your thoughts and write your statement. Rushing can lead to mistakes or omissions.

   
   

2. Be Clear and Concise: Use plain language where possible.

   
   

3. Stay Focused: Stick to the key issues. Avoid going off on tangents or including irrelevant information.

   
   

4. Use Bullet Points: When listing your points, bullet points can make your statement easier to read and understand.

   
   

5. Review and Edit: Once you’ve written your statement, take a break and come back to it later. This will help you spot any errors or areas that need clarification.

   
   

Final Thoughts

Position statements are an important part of many family court proceedings. They provide a structured way for parties to explain their position and can help the court understand the key issues for that hearing more clearly. Understanding their purpose and taking the time to prepare one carefully can help you feel more organised and confident as your case progresses.

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

If you are representing yourself in the Family Court and feel unsure about preparing for hearings or organising your documents, Guiding Stars UK can help. We provide calm, structured McKenzie Friend support, including practical assistance with understanding court paperwork, organising documents and preparing for hearings.

Disclaimer

This article is intended for general information only and does not constitute legal advice. Guiding Stars UK provides independent McKenzie Friend support in accordance with the Practice Guidance: McKenzie Friends (Civil and Family Courts) 2010.