How to Prepare a Strong Position Statement for Family Court.

When preparing for a family court hearing, one of the most important documents you will submit is the position statement.

Judges rely heavily on this statement to understand the case clearly and quickly.

A well-written position statement can shape how the court views the issues and influence the outcome.

This guide explains what a position statement is, its purpose, how to structure it effectively, and tips to avoid common mistakes.

If you are a parent currently going through family court, it is important that you join PAPA Plus and make use of our courses and other resources, including PAPA AI.

If you require direct assistance with your case, you can also book a call or one of our family law workshops with PAPA as a 'Plus' member. 

Purpose of a Position Statement

A position statement sets out the key points of the hearing.

It explains what the hearing is about, summarises the main issues, and clearly states the parent’s position and what they want the court to decide.

This helps the judge get a clear picture of the case before the hearing starts, saving time and focusing the discussion on what matters most.

The statement should:

• Outline the hearing’s purpose

• Highlight the main disputes or concerns

• Present the parent’s proposals for court orders

• Show how the child’s best interests are central to the case

  
  

Structure of an Effective Position Statement

A clear structure makes your position statement easier to read and understand.

Here is a recommended format:

Case Details

Start with basic information:

• Names of the parties involved

• Case number

• Hearing date

• Type of hearing (e.g., First Hearing Dispute Resolution Appointment, fact-finding)

  
  

This section helps the court quickly identify the case and its context.

Summary of the Situation

Provide a brief background without going into lengthy stories.

Focus on facts relevant to the hearing.

For example:

• How the current situation developed

• Key events leading to the hearing

• Any previous court involvement

  
  

Keep this section concise to maintain the judge’s attention.

Main Issues

List the specific disputes or concerns the court needs to address.

These might include:

• Contact arrangements with the child

• Safeguarding or welfare concerns

• Compliance with previous court orders

  
  

Be clear and specific about what is in dispute.

Evidence Overview

Briefly mention the evidence already submitted to the court that supports your position.

Avoid attaching new evidence unless the court has allowed it.

For example:

• Reports from social workers or experts

• Witness statements

• Relevant documents

  
  

This shows the judge that your position is backed by facts.

Proposals for the Court

Clearly state the orders you want the court to make.

Make sure your proposals are realistic and focused on the child’s needs.

For each proposal, explain why it benefits the child.

For example:

• Requesting specific contact arrangements to support the child’s relationship with both parents

• Asking for safeguarding measures to protect the child’s welfare

  
  

This section is your chance to guide the court toward a solution.

Previous Court Directions and Compliance

Show that you have followed any previous court orders or directions.

If the other party has not complied, state this factually without accusations.

For example:

• “I have attended all scheduled meetings as directed.”

• “The other party has missed two appointments without explanation.”

  
  

This demonstrates your commitment to the process.

Tone and Style Tips

The tone of your position statement should be professional, factual, and focused on the child’s best interests.

Avoid emotional language, accusations, or repeating long histories.

Use short paragraphs and headings to make the document easy to scan.

Keep in mind:

• Use clear, simple language

• Stay objective and respectful

• Focus on what matters to the child, not personal grievances

  
  

Common Mistakes to Avoid

Many position statements lose impact because of avoidable errors.

Watch out for:

• Submitting the statement late, which can delay the hearing or reduce its influence

• Writing more than 2 to 3 pages, which can overwhelm the judge

• Introducing new evidence without court permission, which may be rejected

• Criticising the other parent instead of focusing on the child’s needs

  
  

Avoiding these mistakes helps keep your statement strong and credible.

Final Checks Before Submitting

Before sending your position statement, take time to:

• Proofread carefully for clarity, grammar, and accuracy

• Ensure the statement matches the type of hearing (e.g., fact-finding, dispute resolution)

• Send the statement to the court and the other party or Cafcass within the required deadlines

  
  

These steps ensure your statement is professional and considered in the hearing.

It's also recommended to have PAPA AI to double check and refine.

In need of help or support?

If you are an alienated parent reading this article and feel you are in need of help and support then please make sure to join PAPA today by signing up here on our website.

This will give you access to our community support forum as well as our Resource Centre, which includes downloadable guides and on-demand courses to help through the process of being alienated and regaining contact with your children.

We also have our Facebook support group that you can join here.

Our Facebook support group has several dedicated chat rooms where you can get immediate support.

If you are a member of PAPA you can also send us a message here on the website and we will try to get back to you as soon as possible but please bear in mind, we have hundreds of messages weekly so it may take us a while to get back to you.

We are currently prioritising PAPA Plus members due to high demand.

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