A position statement is a short document that sets out your position ahead of a family court hearing. It tells the judge who you are, what the hearing is about, what your position is and what order you are seeking. It is not a lengthy witness statement, it is a concise, focused summary.
When do you need one?
A position statement is typically required for most contested family court hearings. The court will usually direct both parties to file and serve a position statement a day or two before the hearing.
What to include
- A brief introduction, who you are and your relationship to the case
- Background, a very brief summary of the relevant history
- Your position, what you are seeking and why
- The order you are asking the court to make
- Any key points of agreement or dispute
What to avoid
- Lengthy background narrative, keep it focused on what is relevant to this hearing
- Emotional language or accusations about the other party
- Arguments or evidence that should be in a witness statement
- Going beyond one to two pages unless the hearing is particularly complex
Tone
A position statement should be measured, professional and focused. Judges read many of these documents, clarity and brevity are appreciated.
Frequently asked questions
How long should a position statement be?
For most hearings, one to two pages is sufficient. For more complex final hearings, up to four or five pages may be appropriate. When in doubt, shorter is better.