EXAMPLE 1
IN THE (NAME OF COURT) Case no: (Case number)
BETWEEN:-
(APPLICANTS NAME)
Applicant
-and-
(RESPONDENTS NAME)
Respondent
STATEMENT OF (YOUR NAME)
I, (your name), (your job), of (your address) STATES as follows:-
1. I am (age) years of age and (mother or father) of (childrens first names with ages in brackets () )
2. I make this statement pursuant to the Order of (Judge name) dated (date of order), to (whatever statement is for).
3. (set out what want to say in separate points but keep brief)
I believe that the facts in this my statement are true.
Dated this
(number) day of (month) (year)
………………………………..
(YOUR NAME)
Preparing a Position Statement
What is a position statement?
A position statement is a useful document which you may choose to write (it is not obligatory unless ordered by the court) in preparation for a court hearing. As the name implies, it is a written statement setting out your ´position´, which at a first directions hearing, should briefly setting out what it is you want the court to do, and why. At later hearings, position statements can also be useful to give both the court and the other party to proceedings pre-warning of any change in your ´position´ (e.g. what you want to happen).
Position statements are useful for the court, in that they give the court a brief outline of your position in advance of the hearing. For yourself, they ensure there is a written record of your ´position´ at that time, ensuring points don´t get forgotten in the stress of proceedings. They may help bring a case to an early conclusion if the other party accepts your position. It can be used to give you a brief plan of what you want to achieve at the hearing. They can be used to provide a written record of your response to things such as welfare report findings by CAFCASS.
We say it again further on, but it is worth stating it here... ´A position statement should be brief!´ Ideally, no more than a couple of pages long.
If the court asks you to prepare a statement, this is likely to be longer and more detailed (please refer to our guide on Statements).
One important point: do not assume your position statement has been read by the judge when you walk into court. Paperwork gets mislaid, and time pressures may mean the judge has had little or no opportunity to read the paperwork. In a hearing, you should verbally set out your ´position´ (and a written position statement helps you ensure important points do not get forgotten under the stress of being in court).
When should I write a position statement?
Technically, a judge should tell you when a statement is required, and the date by which it should be ´filed and served´. That said, people often write a position statement without such an instruction (and with no criticism for doing so without having been told to). Filing means delivering or posting a copy of the statement to the court, while serving means delivering or posting a copy of your position statement to the other party or their solicitor if they are legally represented.
You do not have to prepare a position statement (unless a judge tells you to), and only file one if your ´position´ has changed, or if there is something important which you wish to comment on (such as the findings of a CAFCASS Report etc).
Some people have a worry that giving people advance knowledge of what you intend to say in court gives them an advantage. Our view is that making clear your position is more important, and so long as it is reasonable, practical and child focused, nothing is lost in giving the opportunity for people to think about it, rather than risk them missing those points, or your points being lost due to your not having the opportunity to express them in court, proceedings being rushed due to limited court time, or simply due to your feeling stressed when in the court room.
Position statement - Content
A position statement should be brief. Two to three pages is plenty. As with any statement, we recommend you keep content:
Fair and Accurate: What you write in your statement must be true, fair and accurate.
Simple: Your statement should be easy to understand.
Timely: File and serve your statement so the court and other party receive it ideally 48 hours before the court hearing (to give people time to read it). Allow for the time it will take to be delivered if you are sending it by post). Just in case it is not delivered on time, take three copies to court with you (one for yourself, one for the judge, one for the other party). Hand in your position statement to the court usher on arrival at the court building, asking that it be passed to the judge prior to the hearing starting. Hand a copy to the other party (or their solicitor if they are using one) when they arrive at court (and before you all go before the judge).
Short: Keep it short. Ideally, it should be no more than two to three pages.
Appropriate: Think of who you are writing for! Wording which is aggressive, confrontational, overly emotional and unnecessarily accusatory is not going to assist your children, your case or you. Recognising your ex-partner´s good points as a parent does not weaken your case for your continued involvement in the children´s lives. It presents you as fair-minded. Think about the impression your statement makes. As an example, if the other party is making false allegations about you, it is less aggressive to say ´What they say is untrue´ rather than ´X is a liar´. Write about facts, not what you perceive as motive.
Child Focused: As with any statement, keep the wording child focused. Your statement and reasons for being in court should relate to your relationship with your child, not your past relationship with your ex-partner.
Reasoned: Be clear in the arrangements you are asking the court to make, and give your reasoning behind the requests, but succinctly. Short paragraphs are more likely to be read.
Consider what do you want to achieve at THIS hearing when writing your position statement. If a half hour hearing is listed, you want to ensure that the most important matter to you comes first on your position statement. If you are not seeing your children, do not leave the request for interim contact buried on the second or third page. State that you wish an interim contact order to be made, and why it is in your children´s best interests.
Other tips include:
Be sure to make YOUR points: Remember it is your statement and why you are writing it. I have seen too many statements which focus mainly (or entirely) on criticising the other parent´s position or defending against their allegations. It is important to consider the balance of the overall document to ensure that your own arguments, your requests to the court and your reasoning is prominent.
Be practical: as with any statement, make sure that what you are asking for is practical? If you want the children to be with you for half the holidays, can you get this amount of time off work? What support will you have for childcare if you or your child is ill? Are travel arrangements practical for your child (as well as both parents). Is the handover location sensible? Would a neutral location be better? Would it be less stressful for all if you collect from and drop off to school? What time will you want to pick your children up, and drop them back? If the other parent´s home is some distance from you, can both parents afford the travel costs?
Re-draft if necessary: Read and re-read your statement once it is finished. Aside from checking spelling and grammar, consider:
whether the points you wish to make are clear. Try not to have paragraphs be too long;
whether each paragraph/point you raise is necessary. If it is not, then delete it. Do not risk your main points being obscured with ´fluff´, ´padding´ or repetition;
whether language / sentences / paragraphs can be simplified to make them easier to understand;
if what you have written could be misread or misinterpreted.
Closure: When it is finished and you are happy with it, put it away until the date when the statement should be filed and served. Read it again the day before you are next due in court and the morning of the hearing!
Again, if you are not currently seeing your children, you should ask for an interim contact order. It may be many months before a final order is made by the court which decides residence and/or contact. If you are not seeing your children currently, you will want to ask the court to put in place temporary contact arrangements until such time as the final order is made. See also our webpage on case law, and especially the section on
EXAMPLE 2
Case No HS151222
IN THE FAMILY COURT SITTING IN HASTINGSIN THE MATTER OF THE CHILDREN ACT 1989AND IN THE MATTER:
OF PETER SMITH (DOB 10.04.10)
BETWEEN:
PATRICK SMITH
Applicant
and
LESLEY SMITH
Respondent
POSITION STATEMENT OF THE APPLICANT FATHER
For hearing on 10 July 2019
I, Patrick Smith will say as follows:-
1. I am Peter's father and the Respondent Lesley is his mother.
Background
2. Lesley and I lived together until June 2017 when we separated. Since then I have seen Peter on an ad hoc arrangement. I tried to make a regular arrangement to see Peter with Lesley but the arrangement would regularly be cancelled by her or she would refuse to discuss this with me. It is impossible for me to make plans and to organise activities with him and when I am offered time to spend with him it is often at short notice.
3. Peter is now 9 years of age and enjoys sailing with me at Beeston Lake where I am a member of the yachting club. The club runs competitions for children and Peter has never been allowed to take part as I never know if he will be available on Saturdays. Peter has often been disappointed at not being able to take part in the races, especially as some of his school friends attend the club and are able to race.
Current Situation
4. There is a competition in August which Peter has been asked to crew for his friends and despite writing to Lesley to ensure that he will be available, she refuses to discuss the matter and I now feel that the time has unfortunately come to make this application to the Court so that Peter can enjoy the sailing and spending time with me on a regular basis.
Proposals
5. I ask the court to consider making an order in the following terms:
a. On alternate weekend's starting on Friday 12 July 2019 that Peter stays overnight with me from Friday at 5pm until Sunday at 5pm. I will collect and return Peter from Lesley's home.
b. That Peter's has holiday contact with me as follows:
(i) For Two weeks holiday in the summer school holidays at times to be agreed between Lesley and myself
c. (ii) For one week during both the Christmas and Easter School holiday periods
d. (iii) Peter stays overnight with me for an additional 2 days during the February and October half terms holidays
e. Such other and additional contact arrangements that can be agreed from time to time.
6. I believe that the order that I am requesting will be beneficial to Peter and resolve the uncertainties of the current situation which is causing upset and disappointment to Peter. He will be able to attend the Sailing event in August and have the opportunity to enjoy sailing on a regular basis with myself and his friends.
7. I also ask that there be a recording in the order to provide for there to be some flexibility around the terms of the order made for Peter to attend sailing events if they fall outside of the contact ordered. This will help to ensure that Peter can attend important sailing events if they fall outside of the times he is due to spend time with me. This will not happen often but means that there can be some flexibility.
Signed:
Dated:
EXAMPLE 3
IN THE FAMILY COURT AT HASTINGS
IN THE MATTER OF THE CHILDREN ACT 1989And in the matter of:
HADIA ALI (16/02/2011)
MUHAMMAD ALI (20/09/2012)
MUTHARA ALI (31/03/2013)
Case No HT15P00123
BETWEEN:
MOHAMED ALI
Applicant
and
SARA ALI
Respondant
POSITION STATEMENT BY MOHAMED ALI THE APPLICANT FATHER
(for the hearing on 3 November 2015)
I, Mohammed Ali will say as follows:-
1. I make this application to the court for an order that my children can see me on a regular basis and a prohibited steps order to prevent my children's removal from England and Wales to Pakistan.
Background
2. The Respondent Sara and I married on 11th July 2010, separated in May 2012 and our decree absolute was pronounced on 14 August 2014.
3. When Sara and I first separated in May 2012, Sara moved to live in London and I remained living in St Leonard's on Sea. A Residence and Contact Order was made in Bow County Court on 25th June 2012 in respect of Hadia, our only child at that time, with contact in my favour to take place weekly from 11am on a Saturday until Sunday at 8pm.
4. Since separation in May 2012 Sara and I reconciled on several occasions but only lived together for a period of one month. During the marriage our three children Hadia, Muhammad and Muthara were born.
Contact following Separation
5. Since Sara and I finally separated in late May 2013, the children spent time with me in London. When I saw them in 2014, I was informed by Sara that Muhammad was in Pakistan.
6. In December 2014 I remarried in Pakistan and since then Sara refused to allow the children to spend time with me. She stated that as I had remarried I had chosen a new life so did not ‘deserve’ contact with the children.
Current Situation
7. In June 2015 Sara contacted me to ask that Hadia and Muthara stay with me for 4 days as she needed to stay overnight in hospital for an operation. I agreed and the children stayed with me and my wife.
8. I was told Muhammad was still living in Pakistan. Sara informed me at this time she was struggling to care for all 3 children.
9. I believe that Muhammad has been living in Pakistan for some time. I asked Sara but she will not give me any more information and I am concerned about the children. I don’t believe it is in the children’s best interests for them to be separated from each other. I want to support Sara to look after the children if she is struggling. I am, therefore, concerned that one or more of the children will also be permanently removed to Pakistan and seek an order preventing their removal.
10. I note from the safeguarding letter from CAFCASS that Rita raises some issues that I would wish to briefly deal with in the hope that progress can be made at the first hearing:
a. A history of domestic violence: This is disputed. The court made an order for me to have contact in Bow County Court. The court will note the recital providing that Rita and I refrain from abusing each other. I respectfully suggest that domestic violence is not an issue in this case.
b. That I threatened to kidnap the children: this is denied. An allegation was made by Sara in May 2012, this was not accepted by the Court and contact in my favour was ordered. I am prepared to give an undertaking to the court, if that is deemed appropriate.
Proposals
11. I want the position of Muhamad to be established as to where he has lived since 2014 to date and whether he has lived in Pakistan for this extended period. I believe it is in the children's best interests that they live together and do not spend extended time apart.
12. I seek a prohibited steps order that none of the children be removed permanently to Pakistan from the jurisdiction of England and Wales
13. I seek a contact order that the children see me on a regular basis and would like to establish regular overnight staying contact. At this initial hearing I would like contact between myself and the children to recommence as soon as possible so that the bond between us can be built up again and accept that this will need to be at the children's pace as the children are young and they have not recently spent much time with me.
14. I propose visiting London every week for 4 hours to spend time with the children in London so that I can build the bond and then move onto overnight contact when the children are ready in my home at St Leonard's on Sea
15. I suggest the position with regard to contact Muhammad needs to be considered in light of where he is living and needs further consideration.
Signed
Dated
EXAMPLE 4 POSITION STATEMENT RESPONDANT FIRST HEARING
This matter is listed for a First Hearing Dispute Resolution Appointment in the Applicant, Frank Hogarth's, application to spend time with our daughter, Susie Hogarth, aged 5. I, Nicola Hogarth, am the Respondent and Susie’s mother. My position for the hearing is as follows: 1. I received the Applicant’s application for a child arrangements order at my work address on 28th May 2015. I have provided my home address to the Court using a form C8. I wish to keep my address confidential from the Respondent. I have also filed a form C1A. 2. The Applicant has been physically and sexually violent towards me throughout our relationship, often in front of our daughter. I sought assistance from my GP several times and went to the hospital with serious injuries on two occasions. I sought assistance from the police following the last incident on 12th April 2014. I decided not to take the matter further with the police, but I have not been in a relationship with the Applicant since this incident. 3. The Applicant is seeking regular, unsupervised contact with our daughter. I am opposed to this. The Applicant has not seen our daughter since 12th April 2014 nor has he sent her any letters, birthday or Christmas cards. Before our separation the Applicant had never been alone with our daughter or shown any interest in her. I am concerned about the impact the violence has had on our daughter, and the risk that she may witness or experience further violence or verbal abuse by the Applicant. Before the Court considers allowing any contact (including indirect contact) between the Applicant and our daughter, I would like the opportunity to file a statement setting out my concerns in detail and to provide police and medical records. 4. I would agree to a full risk assessment being carried out to consider the risk of harm the Applicant poses to me and our daughter if he were to have contact with her. If the Applicant disputes his behaviour towards me and our daughter then a fact finding hearing may be required. 5. I do not have legal representation. I intend to bring a McKenzie Friend with me to the hearing on 15th June 2015. A CV of the McKenzie Friend is being provided with this Position Statement.
POSITION STATEMENT REVIEW HEARING
IN THE FAMILY COURT SITTING IN HASTINGS CASE No.HT11P1234
IN THE MATTER OF THE CHILDREN’S ACT 1989
And in the matter of:
JERAMIAH JACOBS (dob 21.07.12)
REBEKAH FANGO JACOBS (dob 16.08.16)
BETWEEN:
Applicant
MR UMBIKI JACOBS
AND
Respondent
MS CHANTAL JACOBS
POSITION STATEMENT OF THE RESPONDENT MOTHER
FOR REVIEW HEARING ON XX XXXX XXXX
I, CHANTAL JACOBS will say as follows:
1. At the hearing on 23 April the Court made an order for the children Jerimiah and Rebekah to spend time with their father, the Respondent Umbiki Jacobs at Hastings Contact Centre on alternate Saturdays between 1400 and 1600
Events since the hearing on 23 April 2018:
2. There have been 8 possible sessions, the Respondent was late arriving to three of them, and on the third session was 45 minutes late, he has given
3. no good reason for arriving late. He failed to attend two of the sessions.
4. No notice was given by the Respondent that he would not be attending. The children were visibly very upset to find themselves waiting at the Contact Centre eagerly waiting for him to arrive. They both felt very upset and rejected when he failed to arrive.
5. Nevertheless, he has arrived for the last three sessions and the children have enjoyed their time with him, and I am pleased to see that they are keen to see him and they are asking if they can go out of the Contact Centre to visit the local park.
Proposals
6. Despite my reservations due to the circumstances surrounding our separation, and the criminal hearing which is due to be heard in Coventry Crown Court in October, I do not believe that Mr Jacobs poses any risk to the children and I would be willing for contact to move away from the Contact centre. Before this happens I request an undertaking from him that during his time with the children he does not discuss the Criminal Hearing with them, and that he will use his best endeavours to attend for contact and to be punctual.
7. I suggest that the Contact Centre is used for handovers as I feel safe there, and I am
in agreement for the time to be extended from 12.00 until 17.00.
8. I would like a further review hearing to be listed in 4 months to consider how contact has gone and whether Mr Jacobs has attended regularly and on time. By then the criminal proceedings should have concluded and further consideration can be given at this time to further extending contact.
Dated 30 August 2018
POSITION STATEMENT WITH QUESTIONS
Case No (Insert Case No)
IN THE (NAME OF COURT) COURTIN THE MATTER OF THE CHILDREN ACT 1989AND IN THE MATTER OF (NAME OF CHILD(REN) (dOB ??????)
BETWEEN:
(NAME OF PERSON APPLYING)
Applicant
and
(NAME OF OTHER PARTY)
Respondent
POSITION STATEMENT OF THE APPLICANT / RESPONDENT
Dated (Insert Date of Hearing)
I, (Your Name) will say as follows:-
1. When did you meet, when did you separate and why
2. What were contact arrangements initially
3. Did these progress
4. Why have these broken down
5. Has mediation been attempted, why did it breakdown if so
6. What do you feel the issues are and do you have any safeguarding concerns about the child when in the other parent’s care
7. What is it you would like the court to do
8. What contact schedule are you suggesting
Signed:
Dated:
Interim Contact Case Law and Practice Directions
Re D (Contact: Interim Order) [1995] 1 FLR 495
Re D (Contact: Interim Order) [1995] 1 FLR 495
In the case Re D (Interim Contact), and on the question of interim contact, Lord Justice Wall set out that in cases where the principle of contact was at issue, an interim contact order could be made if:
the observation of contact would form part of the proceedings (typically on the advice of a CAFCASS Officer or child psychiatrist; or
if there was sufficient information available to the judge for them to order contact, despite the possibility of their granting a different order at the end of a final hearing and having heard evidence; or
in cases where the issue in question was the amount of contact, an order for interim contact could be made without a detailed investigation of the evidence.
"The guiding principle remained the application of the welfare test to the practical facts of the case. The fact that the need to re-establish contact was in the interests of the child did not mean that the court would necessarily make an offer for interim contact. The elementary question had to be asked as to whether it was in the child's interests for there to be an interim order for contact pending a final determination of that question. The greatest care had to be taken in making an interim order and without hearing oral evidence, to ensure that it was in the interests of the child and that the order did not prejudice the issue. It was difficult to envisage circumstances in which an interim order for contact could properly be made where the principle of contact was genuinely in dispute and where there were substantial factual issues relating to a child which were unresolved without the court hearing oral evidence or having the advice of an expert such as a court welfare officer."
Re M (Interim Contact: Domestic Violence) [2000]
Re M (Interim Contact: Domestic Violence) [2000] 2 FLR 377
If there is a clear possibility that the court may order no contact at a final hearing (due to there being serious allegations made against you that you pose a risk of harm to the children), it is unlikely for an interim contact order to be made without oral evidence having been heard, or there having been some investigation by CAFCASS.
Re M (Contact: Restrictive Order: Supervision) [1998)
Re M (Contact: Restrictive Order: Supervision) [1998] 1 FLR 721
´A decision to require supervision of contact must be supported by evidence.´
AR (A Child: Relocation) [2010]
AR (A Child: Relocation) [2010] EWHC 1346 (Fam)
"On the facts of this case it is clear to me that supervised contact would only have been appropriate if there was the clearest and most compelling evidence that in some way S's best interests would be jeopardised by unsupervised, normal contact. Given the terms of the Strasbourg jurisprudence to which I have referred, it is almost as if there is a presumption in favour of normal contact and it is for those who say it is inappropriate to prove by clear evidence why this is so."
By Strasbourg jurisprudence, Mostyn J refers to the European Convention on Human Rights, and specifically, the right to family life. He goes on to say:
If one were to draw up a hierarchy of human rights protected by the Convention I would have thought that very near to the top would be the right of a child, while he or she is growing up, to have a meaningful participation by both of his parents in his upbringing. Although this is (strangely) not explicitly spelt out in the text it must be implicit in the notion of the right to a family life.
Read Full Text Download Judgment (PDF)
Practice Guidance related to interim contact
If not already involved in proceedings, consider whether you want the court to have any investigations carried out and asking for this in your position statement, either to be conducted by CAFCASS Officers (or similar), or experts such as psychologists. You should only be asking for CAFCASS involvement if there are serious welfare concerns, since their involvement is likely to delay a final order by months. You are likely to need evidence to confirm the need for expert involvement, and again, any investigation and reporting back to the court will delay your proceedings considerably.
Position Statements - Structure
Paragraphs: The statement should have numbered paragraphs. Again, keep the paragraphs short. If you need sub-paragraphs, include letters:
Like this.
Font and size: Times New Roman 12 is ideal.
Line spacing: Set line spacing at 1.5 times which makes the statement easier to read.
Margins: Set the left hand margin to at least 2.5cm. Later, your statement is likely to be included in a ´court bundle´ (a file containing all the case paperwork which either you or the solicitor acting for the other parent will need to provide for the court´s use).
Page Numbering: Include page numbers in the bottom right hand corner of each page. It will be helpful if you carry on the page numbering on any pages of evidence you attach to your statement.
Template: Refer to our template for a position statement which also shows the correct headings for the statement e.g. including the court name and location, the case number, the date, the children´s names and dates of birth and the parties´ names and whether they are the applicant (party applying to court) or the respondent (party replying to an application).
Sign and date your statement: While technically you do not have to sign a position statement, we see no reason not to do so.
How should I refer to the other parent in my statement?
If they are the applicant (the person applying to the court), you can refer to them as ´the Applicant´. If they are responding to your application to the court, you can refer to them as ´the Respondent´. Personally, I would refer to them by name, which is clearer and less ´clinical´. Mrs XXX will do.