What is a family court position statement?

A position statement is a short written submission setting out a party’s position on the issues the court must determine at a particular hearing.

In family proceedings other than financial remedy cases, Practice Direction 27A distinguishes a position statement from a skeleton argument. A position statement tells the court what your position is. A skeleton argument is a separate document setting out the legal arguments supporting that position.

Many ordinary private children hearings will not require a litigant in person to produce a complicated skeleton argument. A clear, properly structured position statement may be far more useful.

A position statement is not a witness statement

A witness statement is evidence. It sets out facts that a witness says are true and will normally include a statement of truth.

A position statement is not a vehicle for introducing new evidence. It may summarise or refer to evidence already before the court, but it should not contain new factual allegations, exhibits or lengthy quotations from messages and reports.

The current rules for family court position statements

A substantially revised Practice Direction 27A came into force in March 2026. It contains specific requirements for position statements used in family proceedings.

In proceedings other than financial remedy proceedings, a position statement should:

The front page should identify both the date on which the document was prepared and the hearing for which it has been written.

A fresh position statement should be prepared for each hearing. The current rules expressly discourage reusing an old statement and simply adding an “update” section.

Financial remedy proceedings are different

Different page limits and requirements apply to position statements in financial remedy proceedings. Depending on the hearing, the limit may be six, eight, twelve or fifteen pages. In those proceedings, the term “position statement” also includes written submissions such as a skeleton argument.

This article is primarily directed at litigants in person involved in private children and other non-financial family proceedings.

Public law children proceedings are also different

In public law proceedings, including care proceedings, the case summary and position statement must be prepared using the applicable standard template. Do not substitute the general template in this article where a prescribed or court-directed template applies.

Before writing: identify the job of the hearing

The most common reason a position statement becomes too long is that the writer starts drafting before identifying what the next hearing is actually intended to decide.

Before opening a blank document, locate:

1. the latest sealed court order;
2. the notice confirming the date and type of hearing;
3. the application currently before the court;
4. the other party’s formal response;
5. the latest Cafcass, local authority or expert report;
6. any witness statements already filed;
7. the index and page numbers for the current hearing bundle; and
8. any direction specifying what the judge will decide at the hearing.

Then write one sentence completing this prompt:

“At this hearing, the court is being asked to decide…”

If you cannot complete that sentence, return to the latest order. Do not assume that every wider dispute between the parties will be determined at the next hearing.

Decide exactly what you are asking for

“I want the court to help” is understandable, but it is not a proposed order.

Your position statement should distinguish between:

• orders or directions sought at this hearing; and
• the final order you hope the court will eventually make.

For example, at an interim hearing you might be asking for a report, disclosure, permission to file a statement, a timetable, an interim arrangement or the listing of a future hearing. The final outcome may be something different.

Use the precise terminology contained in the existing application and orders where possible. If you are unsure whether the court has power to make a proposed order, obtain legal advice or practical drafting assistance before filing.

A recommended structure for your position statement

There is no benefit in making a position statement look more complicated than it needs to be. A clear heading followed by short numbered sections is usually the most effective approach.

1. The court heading

Copy the heading from the latest sealed order. It should normally identify:

• the name of the court;
• the case number;
• the relevant legal framework or type of proceedings;
• the children or subject of the proceedings;
• the parties and their roles;
• the title of the document;
• the hearing date; and
• the date on which the statement was prepared.

2. Purpose of the hearing

In one or two numbered paragraphs, identify the type of hearing and the questions the court must resolve.

Avoid an opening page of emotional or historical background. Help the judge understand the immediate task first.

3. Essential background

Include only the background necessary to understand the current position. This might cover:

• the date the proceedings began;
• the nature of the application;
• the current arrangements;
• the most important previous order;
• the work completed since the last hearing; and
• any report the court is expected to consider.

Where the document is already in the bundle, give the page reference rather than reproducing it.

4. Agreed matters

Identifying agreement can save valuable court time. State any proposal, direction or factual matter that is no longer disputed.

This also demonstrates that you are not treating every issue as a battle.

5. Issues that remain disputed

Use a short numbered list. Each issue should be capable of being understood without reading several pages of argument.

For example:

1. Whether a further welfare report is required.
2. Whether interim arrangements should change before the final hearing.
3. Whether additional evidence should be filed and, if so, by whom and when.

6. Your position on each issue

Explain your position briefly, connecting it to material already before the court. This is where bundle references become useful.

The judge should be able to move from your proposition to the source document without searching the entire bundle.

7. The child’s welfare

In proceedings concerning children, the child’s welfare is the court’s paramount consideration. The Child Arrangements Programme emphasises child-focused decision-making, proportionality and avoiding harmful delay.

Explain how your proposal addresses the child’s needs rather than concentrating exclusively on the rights, conduct or feelings of the adults.

8. Negotiation and non-court resolution

Where it is safe and appropriate, briefly identify any proposals made, areas of compromise or non-court dispute resolution considered.

This does not require a survivor of domestic abuse to suggest unsafe direct negotiation. If non-court resolution is not safe or appropriate, say so concisely and identify the reason.

9. Orders and directions sought

Finish with a numbered list of the orders you ask the court to make.

Separate the directions required now from the final outcome sought. If possible, make each request specific enough to be transferred into a draft order.

Family court position statement template

This template is intended as a starting structure for private family proceedings. It must be adapted to the hearing, the court’s directions and the facts of the case.

How to make a position statement child-focused

Being child-focused does not mean ignoring abuse, non-compliance or harmful behaviour. It means explaining why those matters are relevant to the child’s safety, welfare, stability or development.

Precision is usually more persuasive than accusation. Describe the practical problem, identify the source material and state the solution you invite the court to adopt.

Position statements involving domestic abuse or safeguarding concerns

A short position statement may still need to identify serious safeguarding concerns. The answer is not to minimise those concerns, but to present them in a structured way.

Where relevant, identify:

• the safeguarding issue the court must address at this hearing;
• whether the allegation has been admitted, disputed or determined;
• where the existing evidence appears in the bundle;
• any current protective order or safety arrangement;
• the impact on the child or protected party; and
• the specific protective direction you seek.

Do not attach new evidence to the position statement or attempt to introduce a new allegation through written submissions. If an important new event requires evidence, consider whether you need permission or directions to file an additional witness statement or application.

In child arrangements cases involving allegations or a risk of domestic abuse, Practice Direction 12J may apply.

Ten common position statement mistakes

1. Writing a complete history of the relationship.
   Include only the history necessary to decide the issues at the hearing.
2. Using the statement to attack the other party.
   Address disputed conduct accurately, but connect it to an issue the court must resolve.
3. Introducing new evidence.
   A position statement is written submission, not a substitute witness statement.
4. Attaching screenshots and exhibits.
   The current rules say that exhibits should not be included.
5. Quoting extensively from reports or messages.
   Summarise the relevant point and provide the bundle reference.
6. Ignoring the purpose of the hearing.
   A case-management hearing and a final hearing perform different jobs.
7. Failing to state the orders sought.
   The judge should not have to guess what you want.
8. Reusing an old position statement.
   Prepare a fresh, self-contained statement for each hearing.
9. Using excessive legal language.
   Clear English is better than terminology used incorrectly.
10. Missing the deadline.
    Check the latest order and the default timetable under Practice Direction 27A.

“A persuasive position statement does not try to say everything. It helps the judge identify what must be decided and the order that would resolve it.”

The five-minute position statement check

Before filing, ask:

Filing and serving your position statement

Always follow the deadline in the latest court order. Case-specific directions take priority.

Under the default timetable in Practice Direction 27A, preliminary documents that have not already been filed and served should ordinarily be filed with the court and served on the other parties by 11:00 a.m. on the working day before the hearing.

Each party is generally responsible for filing their own position statement in non-financial family proceedings. Do not assume that the party preparing the wider bundle will automatically file your statement for you.

Before sending it:

• convert the final version to PDF unless the court directs otherwise;
• check that the case number and hearing date are correct;
• use a clear filename;
• send it to the correct court address or upload location;
• serve it on all parties as directed;
• retain the sent email or filing confirmation; and
• take an accessible copy to the hearing.

A useful filename might be:

A useful email subject line might be:

Where you are sending confidential family court material electronically, check the recipient carefully before pressing send. Do not copy documents to people who are not entitled to receive them.

Frequently asked questions

Related JSH Law guidance

• The Family Court Case Audit: 12 Documents to Organise Before Asking for Help
• Preparing Your Case Like a Barrister: A Guide for Litigants in Person
• What Family Court Help Can You Get Without Instructing a Solicitor?
• JSH Law litigation support services

Would You Like Help With Your Position Statement?

JSH Law provides practical drafting and review support for litigants in person who need to present their position clearly, remain focused on the issues and identify the precise orders they are asking the family court to make.

Book a free 15-minute introductory telephone call below to discuss the document you need and the stage your case has reached.

The introductory call does not constitute legal advice and does not create a solicitor-client relationship.

Official guidance and further reading

• Practice Direction 27A: Family Proceedings—Court Bundles
• Preparing Court Bundles for Family Proceedings: Guide for Litigants in Person
• Practice Direction 12B: Child Arrangements Programme
• Practice Direction 12J: Child Arrangements and Domestic Abuse
• Children Act 1989, section 1