What is a position statement in child arrangements proceedings and how do I write one?

A position statement in child arrangements proceedings is a short written document you file with the court before a hearing, setting out your position on the key issues in the case, what you are asking the court to do, and briefly why. It helps the judge understand where each party stands before the hearing begins, and it's your opportunity to set out a clear, focused version of your case in your own words. It is not a witness statement and is not sworn evidence. It is a structured summary.

When do I need a position statement?

Courts most commonly direct position statements before:

1. The First Hearing Dispute Resolution Appointment (FHDRA), where a brief position statement helps the court understand what's in dispute and what you're seeking.
2. The Dispute Resolution Appointment (DRA), where a fuller position statement sets out your response to the Section 7 report and your current settlement position.
3. A final hearing, where the position statement sets out the specific orders you want and the basis for them.

Whether a position statement is required and how long it should be will usually be stated in the court's directions. If no direction has been made, it is still useful to prepare one for your own benefit even if you don't formally file it.

What should a position statement include?

A position statement in a child arrangements case typically covers:

1. A brief introduction: who you are and your relationship to the child.
2. Background: a short factual summary of the key circumstances, the history of the arrangements, and what has led to the proceedings.
3. Current arrangements: what is happening now in terms of where the child lives and what contact is taking place.
4. What you are seeking: the specific order you are asking the court to make, described in practical terms.
5. Key concerns: if there are specific welfare concerns, safety issues, or factual matters you need the court to know about, state them clearly and specifically with reference to what evidence supports them.
6. Response to the other party's position: if you know what the other party is seeking, you can briefly address the key points of disagreement.
7. At a DRA or final hearing: your response to the Section 7 report, including any points you agree with and any findings or recommendations you dispute.

What tone should I use?

Child-focused and factual. The court's paramount concern is the welfare of the child, and everything in your position statement should reflect that framing. Statements that focus on what the child needs and what arrangements best serve those needs are more effective than statements that focus primarily on what you want or on complaints about the other parent.

Specific factual concerns about a child's welfare should be included, but they should be described specifically and evidenced where possible. General criticisms of the other parent's character or parenting style without specific examples carry little weight with courts.

What should I avoid?

1. Excessive length: two to four pages is usually appropriate for an FHDRA position statement, up to six pages for a DRA or final hearing. More than this suggests you can't identify what actually matters.
2. Emotional language and personal attacks: the court is not the place to process relationship breakdown. Stick to the child's welfare.
3. Trying to re-argue everything: a position statement is not a full witness statement. Save detailed evidence for a witness statement if one is directed.
4. Vague requests: "I want more time with my child" is not a useful position statement. "I am seeking a shared care arrangement with alternate weekends and one midweek overnight" gives the court something to work with.
5. Mentioning without prejudice discussions or settlement offers: these are protected and must not appear in a document filed with the court.

Does it need to be formally laid out?

Clear headings and a logical structure help the judge read it quickly. You don't need legal language. Plain, structured English with clear paragraphs and headings is entirely appropriate, particularly for self-represented parties. Courts dealing with unrepresented parents understand that format will vary.

Do I exchange it with the other parent?

Yes. Position statements are typically exchanged between the parties at the same time they're filed with the court, by a deadline set out in the court's directions. Neither party should see the other's position statement before submitting their own.

Going through child arrangements proceedings without a solicitor is difficult, and position statements are where many people struggle most. Access to Justice is built for people in exactly this position, it helps you think through what to include and how to present your case clearly. Try it free.

Frequently asked questions

Is a position statement the same as a witness statement?

No. A witness statement is sworn evidence setting out facts you're asking the court to find as true. A position statement is not sworn, is shorter, and focuses on your case position and the outcome you're seeking rather than detailed factual evidence.

What if I don't know what order I want?

Before any significant hearing you should have a clear idea of the specific arrangement you're proposing. Think practically: which days, which holidays, how handovers would work, and what your reasoning is. The court can't make a fair order without understanding what each party is actually proposing.

Can I write the position statement by hand?

Courts expect typed documents. A handwritten position statement is unusual and harder to read quickly under the pressures of a courtroom. Type it, use clear headings and a logical structure, and paginate it. You don't need legal language — plain, structured English is entirely appropriate for a self-represented parent.

What if I miss the deadline for filing?

File it as soon as possible and send a copy to the other party. Courts generally prefer a late position statement to none at all. If you are significantly late, briefly explain why. Remember that neither party should see the other's position statement before submitting their own.

Do I have to respond to everything in the Section 7 report in my position statement?

Not necessarily everything, but you should address any specific findings or recommendations you disagree with, and the basis for your disagreement. Responding clearly to the most significant points is more effective than trying to respond to everything at length. Describe factual concerns specifically and point to what evidence supports them.

Can I include evidence attachments with my position statement?

Position statements are generally not the vehicle for introducing new documents into the proceedings. If you want to rely on a particular document, it should be filed as an exhibit to a witness statement or included in the court bundle, following whatever process the court has directed.

This article provides legal information about child arrangements proceedings in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.