Writing a Position Statement
The position statement is your most powerful tool in court. It's your opportunity to speak to the judge before the hearing in a clear and controlled way, before having to speak in court. Especially if you are self representing, the thought of presenting in front of a judge, opposing counsel and your ex partner can be intimidating and overwhelming.
Remember that you can have a McKenzie Friend with you and you are allowed to have notes to support you, see our 'How To: Court Hearings' for our 'Court Plan' template, which helps you structure what you will say in court.
The position statement is your voice on paper, a short and concise summary of the background of your case, your key concerns and what you asking the court to do. Remember that the position statement needs to be factual, logical and focusing on the best interests of your children.
How do I submit my position statement to the court?
Your Hearing Notice will state the date of your hearing and will contain any other instructions that the court want you to follow.
Generally, the Hearing Notice will not state when to submit your Position Statement to the court. It will state when bundles are to be submitted, usually 2 working days before your hearing date.
Important note: If you are self representing, you need to agree with opposing counsel when to 'exchange' (i.e send each other) the Position Statements, you then have time to prepare your case before the hearing. A reasonable time to request exchange is at least 2 working days before the hearing date.
For a Final Hearing, the deadline is often longer, and you should check any previous court orders and the Hearing Notices.
If you submit your Position Statement late, the judge may not have time to read it and it could put you at a disadvantage.
How long should my Position Statement be?
A Position Statement should be clear, structured and to the point. Ideally it should be one to three pages, with a maximum of four. Judges hear multiple cases per day and to read each case file, the purpose is to provide a quick summary and clearly state what you want the court to order, not a long and emotional outpouring of your relationship and past.
The statement is a roadmap for your judge. Remember you are likely not to have the same judge for each hearing, so your statements need to be focused on the key issues and points of your case.
Stick to the facts and what is relevant to the court's decision making process.
Should I mention domestic abuse in my Position Statement?
If domestic abuse is a factor in your case, your statement is where you can add more detail to the information in your C1A form. The court is required to consider the abuse allegations under the Children Act 1989.
State the allegations clearly and factually, using dates where possible. The court may direct for a full witness statement in a Fact Finding hearing from you, and will inform you what to include.
The court's primary concern is your child's welfare, in your statement you can state how your child is presenting at home, school or in public, link their behaviour to concerns you have about abuse and the child arrangements you're seeking.
How to submit the Position Statement to court
The most reliable and common way is by email. You can contact the court and ask for your judge's court clerk who will send the statement and bundle to your allocated judge. If you are the Respondent, your ex partner's counsel will send in the bundle, but you must still send in your own position statement.
Ensure that the subject line includes your case number, the date and time of the hearing and the names of yourself and ex partner.
Case No. AB123456 - J. Smith v A. Bloggs - Position Statement for Hearing on [Date] at [Time]
Key Legal Milestones
1
Children Act 1989
This act introduced the 'welfare principle' where children's best interests are the primary concern of the court.
This act favours contact with both parents, even in the context of domestic abuse, however the Domestic Abuse Act of 2021 was a key legal milestone in taking abuse into account when considering child arrangements.
2
Harm Panel Report 2020
The Harm Panel's report 'Assessing Risk of Harm to Children and Parents in Private Law Children Cases' was
commissioned by the Ministry of Justice.
It found found that family courts had systematically downplayed abuse and raised concerns over a
'Pro-contact culture' overriding safety and the misuse of 'parental alienation' to discredit mothers.
This report paved the way for the Domestic Abuse Act 2021.
3
Domestic Abuse Act 2021
This was a major victory for domestic abuse activists and law makers as this statute recognises children as victims in their own right if the see, hear or experience effects of domestic abuse
(Section 3)
The act also prohibits abusers from cross examining their victims in court, although your ex partner's counsel can cross examine you in certain circumstances.
(Part 5, Ch. 2)
The act also introduced Domestic Abuse Protection Orders and Domestic Abuse Protection Notices.
Key Court Cases & Reports
1
Key Case Law
Re H-N and Others (Children) (Domestic Abuse: Findings of Fact) [2021] EWCA Civ 448
A landmark case that clarified how family courts should assess patterns of coercive control.
Re A (Children) (Contact: Ultra-Orthodox Judaism: Transgender Parent) [2017] EWCA Civ 258
Supports the best interests of the children as the court’s paramount consideration in having direct contact with both parents, not the impact of religious preferences.
Re H (A Child: Contact: Domestic Abuse) [2024] EWCA Civ 326
The Court of Appeal upheld a decision to cease direct contact between a father and his child due to concerns about the father's history of domestic abuse and its impact on the child's welfare.
2
Key Reports
These reports are worth reading so you have a clear idea of what has been happening in contemporary Family Law
The Domestic Abuse Commissioner's 'Achieving Cultural Change' (2023)
Barnardo's
'Not Just Collateral Damage' (2020)
Women's Aid Domestic Abuse Audit (2025)
Solicitor predictions (2025)
Mapping the Landscape of Domestic Abuse Activity in Family Courts 2020-2025
3
Knowing your Practice Directions
Practice Direction 12J
This directive tells the court how to handle cases where there are allegations or findings of domestic abuse. It takes the Children Act 1989 and Domestic Abuse Act 2021 and formalises them into a framework that legal professionals use to 'practice' law.
This practice direction states that the court must not make any order that would put your child at risk of harm and recognises children as victims of domestic abuse in their own right.
Practice Direction 12B
This practice direction sets the expectation that parents must try to resolve their disputes through mediation first where it's safe to do so before applying to court. If this has not been possible for you, make sure you tick the right box on your C100 form and have supporting evidence. You can explain in your position statement why mediation did not work in more detail.
Structure of a Position Statement
Section 1
Summary of Issues
You will need to clarify the key issues for the court in a brief and succinct way. For example if there are issues over child safety, or contact arrangements in line with the Children Act 1989 and Domestic Abuse Act 2021.
Background
Give a brief outline of key events. Explain what has brought you to court, why has Non Court Dispute Resolution not worked?
You can use the terms 'M' for 'mother' and 'F' for 'father' as a short hand for the judge, other terms used in court are 'Applicant' and 'Respondent' or 'Birth Parent' and 'Co parent'
Section 2
Concerns
Detail your concerns regarding contact and child arrangements, refer to specific evidence you have gathered. Explain your concerns for your child’s welfare.
A powerful way to present the court with a clear, fact-based case for your child's safety and/or arrangements you wish to make is to show the court that your lived experience is consistent with what is already recognised in law and by experts.
Section 3
Requests
Clearly state what you are asking the court to do, these are called 'directions'.
State which orders you are asking the court to make e.g. Child Arrangements Orders
Give your outline of the wording you would like included in the order e.g. 'that the children live full time with me and spend alternate weekends with their co-parent, collection on Friday after school and delivery of the children on Monday morning to school'.