What Is a Position Statement and Should You Write One?

By Jess 23rd January 2026 in Affordable Legal Support

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Updated 23rd January 2026 | Fact Checked By Jess Knauf, Co-Founder, Family Law Service

Quick Summary:

• What is a position statement – A document that tells the court what you want and why you deserve it
• Common mistakes – Writing too much, missing deadlines, or including irrelevant information
• When you need one – First hearings, FHDRAs, final hearings, and urgent applications
• How FLS helps – Court form completion, prep meetings, case reviews, and fixed-fee legal advice
• Real examples – Clients who got better outcomes by presenting clear, focused statements
• FAQs answered – Timing, length, format, and what happens if you don’t file one

What Is a Position Statement

Understanding Position Statements in Family Court

A position statement is probably one of the most important documents you’ll write during family court proceedings, yet many people have never heard of it until they’re asked to submit one.

Think of it as your chance to tell the judge exactly what you want and why you should get it, before you even step into the courtroom. It’s not the same as a witness statement (which deals with evidence), and it’s not a letter to the judge. It’s a focused, professional document that sets out your position on the issues the court needs to decide.

The problem? Most people don’t realise how important position statements are until it’s too late. Miss the deadline, write too much (or too little), or fail to address the right issues, and you risk the judge making decisions without fully understanding your side of things.

What Exactly Is a Position Statement?

A position statement is a concise document that outlines:

• What you’re asking the court to order
• Why your proposal is in the best interests of any children involved
• Your response to the other party’s proposals
• Any concerns you have about their suggestions
• What you think should happen at the hearing

It’s typically required for First Hearing Dispute Resolution Appointments (FHDRAs), financial hearings, and other key court dates. The court will specify in their directions when you need to file one, usually 2-7 days before the hearing.

At Family Law Service, we often see clients who’ve written pages and pages about everything that’s ever happened in their relationship,” says Jess Knauf, Co-Founder. “The judge doesn’t need your life story. They need clear, focused information about the specific issues they’re deciding that day.”

Should You Write a Position Statement?

If the court has directed you to file a position statement, then yes, absolutely. But even if it’s not explicitly required, there are situations where submitting one can really help your case.

When you should definitely write one:

• You’re attending an FHDRA (First Hearing Dispute Resolution Appointment)
• There’s a directions hearing about child arrangements
• You’re at a Financial Dispute Resolution (FDR) hearing
• The court directions specifically ask for one
• You want to respond to allegations or proposals from your ex

When it might not be necessary:

• Very simple, agreed matters where you’re both represented
• Emergency hearings where there’s no time
• The court has specifically said it’s not required

Our McKenzie Friend worked with a client recently who was facing a child arrangements hearing. The other parent had made several allegations, and our client felt overwhelmed. By helping them prepare a position statement that calmly addressed each concern with evidence, the judge could see both sides clearly before the hearing even started. The result? A much more productive discussion and an outcome that worked for everyone.

What Should Go in Your Position Statement?

A good position statement is typically 2-4 pages and covers:

1. Case Details and Your Proposal

Start with the basics: case number, your name, the hearing date, and what type of hearing it is. Then get straight to the point about what you’re asking for.

Example: “I am asking the court to order that our children spend alternate weekends with their father, Friday evening to Sunday evening, plus one evening per week for tea.”

2. Background (Keep It Brief)

Just the essential facts the judge needs to understand your proposal. This isn’t a witness statement, so you don’t need every detail.

“I remember a client we had at Mediate UK who included 10 pages of historical grievances in their position statement,” Jess recalls. “The judge barely looked at it. When we helped them rewrite it to focus on the children’s current needs and schedule, it was three pages and far more effective.”

3. Response to the Other Party’s Position

If your ex has made proposals or allegations, address them directly but calmly. Stick to facts, not emotions.

Poor example: “His proposal is ridiculous and shows he doesn’t care about the children.”

Better example: “I am concerned about the proposal for overnight contact on school nights because [child’s name] has additional needs and finds changes to routine challenging. Their teacher has confirmed this in the attached letter.”

4. Welfare Checklist Considerations

For children matters, show you’ve thought about the welfare checklist factors from the Children Act 1989:

• The child’s wishes and feelings (if old enough)
• Their physical, emotional, and educational needs
• The likely effect of any change
• Their age, sex, background, and characteristics
• Any harm they’ve suffered or are at risk of suffering
• How capable each parent is of meeting their needs
• The powers available to the court

You don’t need to write “welfare checklist” in big letters, but showing you’ve considered these factors demonstrates you’re focused on what matters most.

Common Mistakes People Make

Writing Too Much

Position statements should be concise. If you’re going beyond 4-5 pages, you’re probably including too much detail. Save the evidence for your witness statement.

Missing the Deadline

Courts take deadlines seriously. If your position statement is late, the judge might not read it, or they might make adverse comments about your failure to comply with directions.

Being Emotional or Accusatory

This is a legal document, not a diary entry. Phrases like “he’s a terrible father” or “she’s always been unreasonable” don’t help your case. Stick to factual concerns backed by evidence.

Forgetting to Serve It

You need to send your position statement to the other party (or their solicitor) at the same time you file it with the court. Keep proof you’ve done this.

Including Irrelevant Information

If the hearing is about child arrangements, don’t fill your position statement with financial complaints. Stay focused on what the judge is deciding at this hearing.

How Family Law Service Can Help

Whether you’re facing your first court hearing or you’re further along in proceedings, writing a position statement that’s clear, focused, and persuasive can feel overwhelming.

At Family Law Service we have fixed fee services where we help with:

• Court form completion – Making sure your forms are filled out correctly
• Court prep meetings – Walking you through what to expect and how to present your case
• Case reviews – A barrister looking at your situation and advising on strategy
• CAFCASS prep meetings – Getting ready for interviews with the children’s guardian
• Fixed-fee one-hour legal advice – Getting professional guidance without the uncertainty of open-ended costs

“We had a client who’d represented himself at two hearings and felt like he wasn’t being heard,” says Jess. “After a prep meeting where we helped him structure his position statement properly, the judge commented at the next hearing on how clear and helpful his submissions were. That’s the difference professional help can make.”

What Happens If You Don’t File a Position Statement?

If the court has directed you to file one and you don’t, several things might happen:

• The judge might refuse to hear your proposals
• You could face criticism for not following directions
• The hearing might be adjourned, costing you more time and money
• The judge might make decisions based only on what the other party has submitted
• In serious cases, you might face a costs order

In Re W (A Child) [2016] EWCA Civ 1140, the Court of Appeal emphasised the importance of parties complying with court directions, including the filing of position statements. While this case dealt with multiple breaches, it shows how seriously courts take procedural compliance.

Position Statements for Different Hearing Types

FHDRAs (First Hearing Dispute Resolution Appointments)

Your position statement should focus on:

• What child arrangements you’re proposing
• Any safeguarding concerns
• Whether you’re willing to try mediation
• What you want to achieve at this hearing

Financial Hearings

For Financial Dispute Resolution (FDR) hearings, your position statement should include:

• Your latest settlement proposal with figures
• How you’ve calculated your offer
• Response to the other party’s proposal
• What financial needs you’re basing your claim on

Final Hearings

At a final hearing, your position statement pulls together your entire case:

• Summary of the key issues
• Your final proposals
• How your proposals meet the relevant legal tests
• What evidence supports your position

FAQ Section

How long should a position statement be?

Most position statements are 2-4 pages. The court wants concise, focused information, not a detailed history. If you find yourself going beyond 5 pages, you’re probably including too much detail that belongs in a witness statement instead.

When do I need to file my position statement?

The court will tell you in their directions, usually 2-7 days before the hearing. Always check your court order carefully. If you’re unsure, file it at least 3 working days before to be safe.

Can I handwrite my position statement?

Technically yes, but typed is always better. It’s easier to read and looks more professional. If you don’t have access to a computer, check if your local library or Citizens Advice can help, or speak to Family Law Service about options.

What if my circumstances change after I file it?

You should inform the court and the other party as soon as possible. Depending on how significant the change is and how close to the hearing, you might file a short supplementary statement or just raise it at the hearing itself.

Do I need a solicitor to write my position statement?

No, many people write their own position statements, especially if they’re representing themselves. However, getting professional help can make a real difference. At Family Law Service, our fixed-fee advice sessions can help you structure it properly and make sure you’re addressing the right issues.

What’s the difference between a position statement and a witness statement?

A position statement tells the court what you want and why. It’s forward-looking and focuses on your proposals. A witness statement provides evidence about what’s happened in the past. Think of the position statement as your argument, and the witness statement as your proof.

Final Thoughts

A position statement might seem like just another piece of paperwork in what already feels like a mountain of forms and deadlines. But it’s actually your opportunity to speak directly to the judge in a clear, professional way about what matters most to you.

Whether you’re asking for more time with your children, responding to financial proposals, or addressing concerns raised by your ex, a well-written position statement can shape how the judge sees your case before you even walk into the courtroom.

The key is keeping it focused, factual, and relevant to what the judge is deciding at that specific hearing. Leave out the emotion, stick to the facts, and show you’ve thought about what’s best for any children involved.