Crafting an Effective Position Statement for Family Court Proceedings

In family court proceedings, a position statement serves as a crucial document that articulates your stance, concerns, and desired outcomes regarding the issues at hand. Whether you’re navigating matters of divorce or child arrangements, a well-crafted position statement can significantly impact the court’s decision-making process. Here’s a comprehensive guide on how to write a compelling position statement for the family court:

Understand the Purpose

Before diving into the writing process, it’s essential to understand the purpose of a position statement. It is your opportunity to present your side of the story, provide relevant facts and evidence, and communicate your goals and preferences to the court. A well-written position statement can help the judge gain a clearer understanding of your perspective and guide them in making informed decisions.

Gather Information

Begin by gathering all relevant information related to your case. This may include documentation such as financial records, court orders and applications, communication logs, custody agreements, and any other pertinent documents. Make sure to organise these materials systematically to ensure easy reference while drafting your position statement.

Structure Your Statement

A clear and organised structure is essential for conveying your message effectively. Consider the following structure for your position statement:

  1. Introduction: Start with a brief introduction outlining who you are, your relationship to the case, and the purpose of the position statement.
  2. Background Information: Provide a concise overview of the circumstances leading to the court proceedings. This section should include relevant dates, events, and any key information that sets the context for your position.
  3. Issues at Hand: Clearly outline the specific issues or disputes that are being addressed in the proceedings. This could include matters such as child arrangements, visitation schedules, handover arrangements, or any other relevant concerns.
  4. Your Position: Present your position on each issue, supported by factual evidence and relevant legal arguments. Be clear and concise in stating your preferences and objectives, keeping in mind the best interests of any children involved. Remember: most decisions in children matters are made with reference to the welfare checklist.
  5. Supporting Evidence: Reference any supporting documentation or evidence that reinforces your position. This may include financial records, witness statements, expert opinions, or other relevant materials.
  6. Conclusion: Summarise your position statement, reiterating your key points and emphasising the outcomes you are seeking from the court.

Use Clear and Professional Language

When drafting your position statement, use clear, concise, and professional language. Avoid emotional language or personal attacks, as this can detract from the credibility of your statement. Stick to the facts, and focus on presenting your case in a logical and persuasive manner.

Seek Legal Guidance

If you’re unsure about any aspect of drafting your position statement, seek guidance from a qualified family lawyer. This will usually be either a solicitor or a barrister. An experienced family lawyer can provide valuable insights and ensure that your position statement adheres to legal requirements and effectively represents your interests.

Review and Revise

Before submitting your position statement to the court, carefully review and revise it for accuracy, clarity, and coherence. Consider seeking feedback from trusted individuals or legal professionals to ensure that your statement effectively conveys your position and addresses any potential weaknesses.

Final Thoughts

Writing a position statement for family court proceedings requires careful consideration, preparation, and attention to detail. By following these guidelines and crafting a well-written statement, you can effectively communicate your perspective to the court and increase the likelihood of achieving a favourable outcome in your case. Remember to stay focused, factual, and respectful throughout the process, and trust in the legal system to weigh the evidence and make decisions in the best interests of all parties involved.

How can I help?

Zubair is a specialist family law barrister. He accepts instructions in all areas of private children law, and financial remedies. In suitable cases, he is able to accept instructions under the direct access scheme.

For individuals representing themselves, Zubair can review their position statement and provide advice or feedback. Alternatively, the client can instruct Zubair to draft the position statement on their behalf.