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How do I submit my position statement to the court?

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Key Legal Milestones

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1989: Children Act 1989

  • Introduced the “welfare principle” (s.1) where the child’s best interests are the paramount concern.

  • However, this was often interpreted to favour contact with both parents, even in the context of abuse.

🔹 2004: Practice Direction: Residence and Contact Orders (Domestic Violence) [No. 1]

  • Acknowledged that domestic abuse should be considered when deciding contact, but lacked enforcement power or trauma-informed procedures.

🔹 2014: Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) takes full effect

  • Removed most legal aid for private family law matters, disproportionately affecting women and survivors who could no longer afford legal help.

🔹 2017: LASPO Amendment

  • Reforms allowed survivors to provide broader forms of evidence to access legal aid—but obstacles in obtaining this evidence remained.

🔹 2020: Harm Panel Report: “Assessing Risk of Harm to Children and Parents in Private Law Children Cases”

  • Commissioned by the Ministry of Justice; found that family courts systematically downplayed abuse.

  • Raised concerns over:

    • “Pro-contact culture” overriding safety.

    • Misuse of “parental alienation” to discredit mothers.

🔹 2021: Domestic Abuse Act 2021

  • Major statutory recognition that:

    • Children are victims in their own right if they see, hear or experience effects of DA (s.3).

    • Cross-examination by abusers is prohibited in family court (Part 5, Ch. 2).

  • Introduced Domestic Abuse Protection Orders (DAPOs)—though complex and often inaccessible to women without legal aid.

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Here are five significant family law cases that reinforce the rights of survivors and children and highlight good judicial practice:

  1. Re H-N and Others (Children) (Domestic Abuse: Findings of Fact) [2021] EWCA Civ 448
    Clarified how family courts should assess patterns of coercive control. A must-cite case if DA is central to your matter.

  2. Re A (Children) (Contact: Ultra-Orthodox Judaism: Transgender Parent) [2017] EWCA Civ 258
    Supports the best interests of the child as the court’s paramount consideration, not adult preferences.

  3. Re W (Children) (Abuse: Oral Evidence) [2010] UKSC 12
    Recognises that courts should not avoid hearing from parties just because they are unrepresented or survivors.

  4. Re S (Children) [2022] EWCA Civ 8
    Confirms the importance of protecting children from the emotional harm of domestic abuse, even where there's no direct violence.

  5. Re J (Children) [2013] EWHC 2694 (Fam)
    Shows the importance of transparency and understanding complex family dynamics in DA cases.

    • Five Family Law Cases Every LiP Should Know

    •  

    • 1. Re H (A Child: Contact: Domestic Abuse) [2024] EWCA Civ 326

    • In this case, 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. The judgment emphasized the paramount importance of the child's safety and well-being over maintaining parental contact. Case Law Digest+2CaseMine+2CaseMine+2

    • <>8.

    • 2. A & I (Children: Appeal: Relocation & Joint Lives-With Orders: Fresh Evidence) [2024] EWHC 1824 (Fam)

    • This case involved a dispute over child relocation and joint living arrangements amidst allegations of domestic abuse. The court highlighted the significance of considering the psychological effects of abuse on both the parent and children, and the necessity of adhering to procedural guidance outlined in Practice Direction 12J. Hogan's

    • <>11.

    • 3. Re H-N and Others (Children) (Domestic Abuse: Findings of Fact Hearings) [2021] EWCA Civ 448

    • A landmark case where the Court of Appeal provided guidance on handling allegations of domestic abuse in child arrangements cases. The court emphasized the need to assess patterns of coercive and controlling behavior rather than isolated incidents, influencing how such cases are approached in family courts. Osbornes Law

    • <>14.

    • 4. AA v BB [2021] EWHC 1822 (Fam)

    • In this case, the High Court addressed the exclusion of evidence in a fact-finding hearing concerning domestic abuse allegations. The court reinforced the principles established in Re H-N, stressing the importance of considering the cumulative effect of abusive behavior patterns in determining child arrangements. Parklane Plowden

    • <>17.

    • 5. Re A (Domestic Abuse: Incorrect Principles Applied) [2021] EWFC B30

    • This case involved an appeal where the initial court failed to apply the correct principles in a domestic abuse context. The appellate court corrected the approach, emphasizing the necessity of proper application of domestic abuse guidelines and the importance of recognizing children as victims under the Domestic Abuse Act 2021. Trinity Chambers

Service Name

3. Key Reports to Quote in Court

Using well-respected reports helps reinforce your case and shows you are aware of wider legal and policy contexts:

  • Domestic Abuse Commissioner – "Achieving Cultural Change" (2023):
    Highlights how the family courts often fail survivors by prioritising contact over safety. Use quotes to reinforce systemic issues.

  • Barnardo’s – "Not Just Collateral Damage" (2020):
    Shows the direct impact of domestic abuse on children’s well-being. Essential when arguing for safe arrangements.

4. Use the Law – Key Sections of the Domestic Abuse Act 2021

Understanding and referencing the Act strengthens your voice in court.

  • Section 1: Defines domestic abuse beyond physical violence – includes emotional, psychological, and coercive control.

  • Section 3: Recognises children as victims in their own right if they see, hear, or experience domestic abuse.

  • Section 63: Special measures must be considered for survivors, including screen use and avoiding direct cross-examination by the abuser.

Purpose of a Position Statement

Position Statement of [Your Name] – Hearing on [Date]”

Sections to include:

  • Summary of Issues: Clarify the key issues (e.g., child contact, safety).

  • Background: Outline key events briefly, in neutral language.

  • Concerns: Detail your concerns, referring to evidence, coercive patterns, or the child’s welfare.

  • Law & Policy: Reference laws (like the DA Act 2021), case law, and reports (e.g., Barnardo’s).

  • Requests: Clearly state what you are asking the court to do.

  • Tone: Be calm, assertive, and objective. Avoid emotional language.

Position Statement for FHDRA/ Directions Hearing

You can say in court:
"Under Section 3 of the Domestic Abuse Act 2021, my child is recognised as a victim of domestic abuse. That must be central to any decisions about contact."

5. Writing a Position Statement to Challenge Legal Professionals

Use your position statement to shape the narrative before the hearing starts. Include:Heading:
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