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Sample Position Statement

Sample Position Statement 2021-06-29

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Attached is a sample position statement. Click on the "Download" link top right. Note this is NOT a full statement for a final hearing - that is more formal, about 8 pages long and refers to exhibits and evidence. This is a "Position Statement". You can submit one before each hearing to update the "position". It might include things that have come to light since you initially submitted an application, or it might have something you want to be considered before the hearing and it's an opportunity to say at the end, that you would like an interim order and ask what you want to be in it. It could mention any new information that has come to light - eg something you have been informed of by your ex. Or mention attempts you have made to agree things with your ex to try and resolve things before court. It could mention specific things you like to do with your child on Saturdays (eg a sport) which currently you can't do as you're not able to see the child on Saturdays until matters are resolved. Each one will be a bit individual to your circumstances.

But you can't attach anything to it - no evidence. It is basically a "note" which you are allowed to give to the Judge on the day.

This example is for an enforcement hearing so the content would be slightly different for a Child Arrangements hearing. But it shows the layout. Double line spacing, numbered paragraphs and no more than a page or two. It's usual to take three copies to court on the day, hand one to the clerk to be passed to the Judge, give one to the other side and keep a copy. Even better, email a copy to the court for the Judge a day or two before the hearing (so they have time to read it) then hand a copy to the other side on the day - taking a spare copy in case the Judge didn't get the emailed copy (they should do if you put the case number and hearing date on the email subject line and mark it for the attention of the Judge).

A position statement can be hugely helpful to your case - especially if you're self repping, a bit nervous or don't get much chance to speak at, say, a first hearing. At a first hearing most talking is done with Cafcass and you only get about 10 minutes (or so) before a Judge, and Cafcass may do most of the talking to the Judge. So if the Judge has read your position statement they can see where you're coming from regardless of what happens before going in to court. It gives you a voice and the Judge hears it from the horse's mouth, not just from Cafcass. As it's in writing too it's clear and communicated briefly and means you don't have to say so much on the day possibly.

While telephone and video hearings are the usual at the moment, it might not be possible to hand it in on the day, so it would be best to email it to the court at least a week before the hearing - maybe even earlier. Phone the court first and ask which is the correct email address to send it to (as some court staff may still be working from home). You can also email it to the other side on the morning of the hearing before you set off - or the night before.
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