Writing a Position Statement for Court
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Smartphone Series (optimised for smartphone users). Copyright Michael Robinson
2011. Crown Copyright
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When
should I write a position statement?
Do you
have any general tips about statement writing for court?
Do you have
any tips about how a statement should be structured?
How
should I refer to the other parent in my statement?
To assist you further, we have a
blank template
position statement
which you can complete. You need Microsoft Word to open the template.
What is a position statement? <Back to Top>
A position statement is a useful document which you
may choose to write (it is not obligatory unless ordered by the court) in
preparation for a court hearing. As the name implies, it is a written statement
setting out your ‘position’, which at a first directions hearing, should
briefly setting out what it is you want the court to do, and why. At later
hearings, position statements can also be useful to give both the court and the
other party to proceedings pre-warning of any change in your ‘position’ (e.g. what
you want to happen).
Position statements are useful for the court, in
that they give the court a brief outline of your position in advance of the
hearing. For yourself, they ensure there is a written record of your ‘position’
at that time, ensuring points don’t get forgotten in
the stress of proceedings. They may help bring a case to an early conclusion if
the other party accepts your position. It can be used to give you a brief plan
of what you want to achieve at the hearing. They can be used to provide a
written record of your response to things such as welfare report findings by
CAFCASS.
We say it again further on, but it is worth stating
it here… ‘A position statement should be
brief!’ Ideally, no more than a couple of pages long.
If the court asks you to prepare a statement, this
is likely to be longer and more detailed. We have a separate guide on Writing a Statement (for Residence and Contact
Applications).
When should I write a position statement? <Back to Top>
Technically, a judge should tell you when a
statement is required, and the date by which it should be ‘filed and served’.
That said, people often write a position statement without such an instruction
(and with no criticism for doing so without having been told to). Filing means
delivering or posting a copy of the statement to the court, while serving means
delivering or posting a copy of your position statement to the other party or
their solicitor if they are legally represented.
You do not have to prepare a position statement
(unless a judge tells you to), and only file one if your ‘position’ has
changed, or if there is something important which you wish to comment on (such
as the findings of a CAFCASS Report etc).
Some people have a worry that giving people advance
knowledge of what you intend to say in court gives them an advantage. Our view
is that making clear your position is more important, and so long as it is
reasonable, practical and child focused, nothing is lost in giving the
opportunity for people to think about it, rather than risk them missing those
points, or your points being lost due to your not having the opportunity to
express them in court, proceedings being rushed due to limited court time, or
simply due to your feeling stressed when in the court room.
Do you have any general tips about statement
writing for court? <Back to
Top>
Yes! With a position statement,
keep it brief. Two to three pages is plenty. As with any statement, we
recommend you keep it:
1] Fair and Accurate: What
you write in your statement must be true, fair and accurate.
2] Simple: Your statement should be easy to
understand.
3] Timely: File and serve
your statement so the court and other party receive it ideally 48 hours before
the court hearing (to give people time to read it). Allow for the time it will
take to be delivered if you are sending it by post). Just in case it is not
delivered on time, take three copies to court with you (one for yourself, one
for the judge, one for the other party). Hand in your position statement to the
court usher on arrival at the court building, asking that it be passed to the
judge prior to the hearing starting. Hand a copy to the other party (or their
solicitor if they are using one) when they arrive at court (and before you all
go before the judge).
4] Short: Keep it short.
Ideally, it should be no more than two to three pages.
5] Appropriate: Think of
who you are writing for! Wording which is aggressive, confrontational, overly
emotional and unnecessarily accusatory is not going to assist your children,
your case or you. Recognising your ex-partner’s good points as a parent does
not weaken your case for your continued involvement in the children’s lives. It
presents you as fair-minded. Think about the impression your statement makes.
As an example, if the other party is making false allegations about you, it is
less aggressive to say ‘What they say is
untrue’ rather than ‘X is a liar’.
Write about facts, not what you perceive as motive.
6] Child Focused: As with
any statement, keep the wording child focused. Your statement and reasons for
being in court should relate to your relationship with your child, not your
past relationship with your ex-partner.
7] Reasoned: Be clear in
the arrangements you are asking the court to make, and give your reasoning
behind the requests, but succinctly. Short paragraphs are more likely to be
read.
Other tips include:
1] Be sure to make YOUR
points: Remember it is your statement and why you are writing it. I have
seen too many statements which focus mainly (or entirely) on criticising the
other parent’s position or defending against their allegations. It is important
to consider the balance of the overall document to ensure that your own arguments, your requests to the court and your reasoning is
prominent.
2] Be practical: as with
any statement, make sure that what you are asking for is practical? If you want
the children to be with you for half the holidays, can you get this amount of
time off work? What support will you have for childcare if you or your child is
ill? Are travel arrangements practical for your child (as well as both
parents). Is the handover location sensible? Would a neutral location be
better? Would it be less stressful for all if you collect from and drop off to
school? What time will you want to pick your children up, and drop them back?
If the other parent’s home is some distance from you, can both parents afford
the travel costs?
3] Re-draft if necessary:
Read and re-read your statement once it is finished. Aside from checking
spelling and grammar, consider:
a] whether
the points you wish to make are clear. Try not to have paragraphs be too long;
b] whether each paragraph/point you raise is
necessary. If it is not, then delete it. Do not risk your main points being
obscured with ‘fluff’, ‘padding’ or repetition;
c] whether
language/sentences/paragraphs can be simplified to make them easier to understand;
d] if what you have written could be misread
or misinterpreted.
4] Closure: When it is
finished and you are happy with it, put it away until the date when the
statement should be filed and served. Read it again the day before you are next
due in court and the morning of the hearing!
If you are not currently seeing your children, you
should ask for an interim contact order. It may be many months before a final
order is made by the court which decides residence and/or contact. If you are
not seeing your children currently, you will want to ask the court to put in
place temporary contact arrangements until such time as the final order is
made. (See also our information sheet Interim
and Supervised Contact Case Law)
If not already involved in proceedings, consider
whether you want the court to have any investigations carried out and asking
for this in your position statement, either to be conducted by CAFCASS Officers
(or similar), or experts such as psychologists.
You should only be asking for CAFCASS
involvement if there are serious welfare concerns, since their involvement is
likely to delay a final order by months. You are likely to need evidence to
confirm the need for expert involvement, and again, any investigation and
reporting back to the court will delay your proceedings considerably.
Do you have any tips about how a statement should
be structured? <Back to
Top>
Yes.
1] Paragraphs: The
statement should have numbered paragraphs. Again, keep the
paragraphs short. If you need sub-paragraphs, include letters:
a] Like this
2] Font and size: Times
New Roman 12 is ideal.
3] Line spacing: Set line
spacing at 1.5 times which makes the statement easier to read.
4] Margins: Set the left
hand margin to at least 2.5cm. Later, your statement is likely to be included
in a ‘court bundle’ (a file containing all the case paperwork which either you
or the solicitor acting for the other parent will need to provide for the
court’s use).
5] Page Numbering:
Include page numbers in the bottom right hand corner of each page. It will be
helpful if you carry on the page numbering on any pages of evidence you attach
to your statement.
6] Template: Refer to our
template position statement which also shows the correct
headings for the statement e.g. including the court name and location, the case
number, the date, the children’s names and dates of birth and the parties’
names and whether they are the applicant (party applying to court) or the
respondent (party replying to an application).
7] Sign and date your
statement: While technically you do not have to sign a position statement,
we see no reason not to do so.
How should I refer to the other parent in my
statement? <Back to
Top>
If they are the applicant (the person applying to the
court), you can refer to them as ‘the Applicant’. If they are responding to
your application to the court, you can refer to them as ‘the Respondent’.
Personally, I would refer to them by name, which is clearer and less
‘clinical’. Mrs XXX will do.
Support <Back to
Top>
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ask our team of experienced support staff questions about family law, the
courts and separation. Collectively, we have answered more than 10,000 posts on
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