What Is a Position Statement

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.

What makes a good position statement

A good position statement is concise, focused, and objective. It is not a place to vent emotions, recount the entire history of the relationship, or make personal attacks on the other party. Judges read many position statements and appreciate those that help them understand the case quickly and clearly.

• Keep it short — one to three pages is usually appropriate
• Stick to the facts relevant to the hearing
• State your position clearly and explain why you hold it
• Reference the relevant documents by their court bundle tab numbers
• End with a clear statement of what you are asking the court to do

Position statements for different types of hearing

The content varies depending on the type of hearing. For a directions hearing, focus on what procedural steps you want the court to take. For a contested children hearing, focus on the welfare of the children and why your proposed arrangements serve their best interests. For a financial remedy hearing, focus on the assets, the law, and why your proposed settlement is fair.