If you are in the family court over arrangements for your children, you may be told to send a position statement before a hearing. Many women, especially those representing themselves, sit down and write everything: how the relationship started, every incident, every hurt. It feels like the only way to make the judge understand.
But a position statement is not your life story. It is a short document that tells the judge what you want at the next hearing and why. Written well, it helps the judge see the issues clearly. Written as a long account, it can bury the points that matter most, including the abuse.
What a position statement is
The judiciary’s guide for people representing themselves, known as litigants in person, describes a position statement as “a short document that explains a party’s position for that hearing.” It helps the judge understand what each parent wants to happen at the hearing and why.
A position statement:
- is about this hearing, not the whole case
- sets out what you are asking the judge to decide or order, and your reasons
- does not set out detailed evidence or introduce new evidence
- does not have to be agreed with your ex
Your detailed account of what happened is evidence. If the court wants it, it will usually direct you to provide it in a different document, such as a witness statement. The position statement points the judge to what matters now.
The rules on length, format and timing
Since 2 March 2026, family court bundles and the documents in them follow Practice Direction 27A. It applies to all hearings in the family court, including where you are representing yourself. For children cases, it says:
- Length: a position statement should be concise and no longer than 2 pages, unless the court accepts the case is complex and guidelines allow for 3 pages.
- Format: numbered paragraphs, in a font no smaller than 12 point, with 1.5 or double line spacing where possible.
- Content: it should set out the issues in dispute, avoid new evidence or exhibits, and set out the orders you are asking for.
- One for each hearing: you write a new position statement for every hearing.
- Deadline: if it has not already been sent, it must be sent to the court and the other parties by 11am on the working day before the hearing.
Always check your court order. If the judge has set different dates or limits, follow the order.
What to include
Start with one question: what is the court actually being asked to decide at the next hearing? Everything in your position statement should help the judge answer that.
A simple structure:
- The heading. The court, your case number, the names of the parties, the date of the hearing, and the title, for example “Position statement of the mother”.
- Who you are. One or two lines: you are the mother, the names and ages of the children, and who they live with now.
- What this hearing is for. For example: a first hearing, a decision on whether a fact-finding hearing is needed, or interim arrangements.
- What you are asking for. The specific orders or directions you want at this hearing, set out clearly.
- Why. Your main reasons, in short numbered paragraphs. Focus on the children’s welfare and safety.
- Anything you need to take part safely. For example, if you are frightened of being near your ex at court, say so and ask for special measures (see below).
Keep each paragraph to one point. If you mention a document, such as a police report or Cafcass’s safeguarding letter, refer to it by name and page rather than copying it out.
Raising domestic abuse without telling your whole story
A short position statement does not mean staying quiet about abuse. It means naming it clearly so the judge cannot miss it, and pointing to where the details are.
- Say it plainly, near the top. For example: “I have experienced domestic abuse from the father, including coercive and controlling behaviour. The children witnessed some of this.”
- Link it to what you are asking for. Explain how the abuse affects the decision at this hearing. For example, why contact should be supervised, or why a fact-finding hearing is needed before any decision on contact.
- Give a few key facts, not every incident. Two or three of the most serious incidents, with dates, are clearer than ten pages of history.
- Point to the evidence. Refer to police reference numbers, medical records or the Cafcass safeguarding letter, rather than retelling them.
- Ask for what you need to take part safely. Under section 63 of the Domestic Abuse Act 2021, in force since 1 October 2021, a victim of domestic abuse is treated as eligible for special measures in family proceedings. These are measures set by court rules to help you give evidence or take part in the hearing. The court decides whether to make them, so ask.
The court is required to consider domestic abuse at every stage of a children case. Your job in the position statement is to make sure it is in front of the judge, clearly and early.
Common mistakes to avoid
- Writing your life story. The judge has limited time. Long accounts make it harder to find your key points.
- Going over the page limit. Three pages is the limit for children cases unless the court agrees the case is complex.
- Arguing with every point your ex makes. Deal only with what matters for this hearing.
- Emotional language without facts. “He is a terrible father” is easy to dismiss. “On 3 March he pushed me while holding our son” is not.
- Minimising the abuse to look reasonable. Calm and factual is right. Leaving the abuse out, or saying you don’t think he would harm the children, can be used against you later.
- Attaching new evidence. Position statements should not introduce new evidence or exhibits.
- Sending it late. Have it with the court and the other side by 11am on the working day before the hearing, or earlier if your order says so.
Short is not the same as small
A clear, three-page position statement is not you holding back. It is you making sure the judge sees what matters: what you are asking for, why, and the abuse that makes it necessary. Your full account has its place. The position statement is where you make it easy for the judge to act.
The Women’s Railroad’s three guides take you step by step through getting money, getting out and getting rid, including your legal options in England and Wales: thewomensrailroad.org.uk/get-help
Go deeper
- Dictionary: position statement, litigant in person, FHDRA, Cafcass, Practice Direction 12J, fact-finding hearing, special measures, McKenzie friend
- Read: What Is Cafcass and What Does It Do?, Does the Family Court Have to Consider Domestic Abuse?, Child Arrangements Orders: What They Actually Decide, What Child Focused Courts Mean for You and Your Child, Why Does Doing the Right Thing Feel So Wrong? Looking After Yourself Through Court
- Guides: Keep A Record shows you how to build the timeline of dates and incidents your position statement can draw on, and our original practical guide (Get Money. Get Out. Get Rid.) covers your legal options in England and Wales. You can find them on our Get Help page.
