Position statements — writing the 2 pages a judge actually reads

REVIEWED BY: Sean McNamara on 2026-08-30

Before most hearings in family cases, the court expects a position statement — a short document saying what you agree, what you don't, and what order you're asking for. Judges read position statements first, before the bundles; for litigants in person they are the single highest-leverage document you control. This guide shows you how to write one well. It is general information, not legal advice.

What it is

A concise statement of your position for a specific hearing — the FHDRA, a CMH, a DRA, the FDR, or a final hearing
Typically 1–2 pages (final hearings may justify more)
Filed with the court and served on the other party, usually by the deadline in the directions order (often 24–48 hours before the hearing; check yours)
Persuasive but factual — it is an argument in service of evidence, not a diary

The structure that works

1. Heading: case name, case number, hearing date, "Position statement of [name]", "without prejudice save as to costs" if making settlement offers 2. Introduction (2–3 lines): who you are, what the application is 3. What I agree — start with agreement; judges value movement and it shrinks the hearing 4. What I disagree with — each dispute as a numbered issue, one or two sentences each, with the evidence reference for your position 5. What I ask the court to do — the specific order sought, in numbered draft form if possible ("an order that the child live with me and spend alternate weekends with the respondent") 6. Directions I propose — the timetable steps you think are needed 7. Anything urgent — safety, non-compliance, or deadline problems flagged at the end

Rules of thumb

Number everything. Judges and Cafcass respond to numbered paragraphs; it lets everyone quote precisely
One issue per paragraph. Mixing topics buries your best points
Cite evidence, not feelings. "Message of 3 May (page A34) confirms…" beats "he is always lying"
Keep adjectives out. "Dreadful", "shocking", "disgusting" weaken; dates and documents persuade
Offer solutions. A position statement that proposes workable arrangements reads as child-focused; one that only attacks the other side reads as conflict-focused
Never invent or exaggerate — a single discredited claim taints every other claim

What NOT to put in

Reheated allegation lists with no evidential hook
Personal commentary on the other party's character
Copies of messages, texts or social media — these cannot go in the bundle under PD27A; reference them in a witness statement with exhibits instead
Length. A 15-page position statement is read less carefully than 2 sharp pages

Timing and filing

Check your directions order for the exact deadline; where none is set, aim for 2 pm the day before the hearing — judges read the night before
Email to the court's family list office or file via the required channel (MyHMCTS for professionals; LiPs often email or hand in — ask the court office which they accept)
Serve the other party and Cafcass if involved — state on the document who you've served and when

A worked skeleton

Position statement of J Smith — CMH on 14 September 2026

1. I am the father of Tom (7). This is my response to the mother's application.

2. I agree: (a) that Tom should remain living with the mother in term time; (b) to the

section 7 report being obtained.

3. I ask for contact: alternate weekends from Friday school pick-up to Sunday 6pm, plus

half of school holidays. I propose this in draft order at Annex A.

4. The only issue between us is the starting point: the mother offers one weekend

fortnight ending Saturday evening, citing Tom's football. The football coach's email

(page A12) confirms sessions are Sunday mornings only.

5. Directions I propose: section 7 report by 15 October; final hearing January 2027;

bundle by 5 January.

6. I confirm I have served this on the mother by email today, and on Cafcass.

If the other side's position statement misstates facts

Note the correction briefly in your own statement ("paragraph 3 of the mother's statement says X; the letter at page A7 says Y") — calmly and with the reference. Do not write a counter-diatribe.

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS or gov.uk. This page is general information and is not legal advice.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.