The document most litigants
do not know they can submit.
A well-written position statement tells the judge everything they need to know before you say a word. Most litigants in person do not know it exists — or how different it needs to be for each hearing type.
What it IS
- • A short, structured document setting out your position for a specific hearing
- • A tool the judge reads before the hearing begins
- • Your chance to frame the narrative before you walk in
- • A script you can refer to if nerves get the better of you
- • Evidence that you have engaged thoughtfully with the process
What it is NOT
- • A witness statement — do not include evidence
- • A place to vent frustration or tell the full story
- • A legal argument (unless you are at a final hearing)
- • A mandatory document (unless the court orders one)
- • The same document recycled for every hearing
These apply to every position statement
Header
Case number, court name, names of parties (applicant / respondent), hearing type and date.
Title
E.g. "Position Statement of [Your Name] for First Hearing on [Date]"
Numbered paragraphs
Number every paragraph so the judge and other party can refer to specific points quickly.
Plain English
No legalese. Write as you would explain it to a sensible friend. Judges appreciate clarity.
Font & spacing
Size 12 font minimum (Arial or Times New Roman), 1.5 line spacing, 2.5cm margins.
Page limits (PD27A 2026)
Check your specific hearing type — page limits vary by hearing. Never exceed your hearing's limit without a court direction.
Fresh for every hearing
Under PD27A (§6.14) you must write a new statement for each hearing. You cannot reuse a previous one with an "update" added — this is now explicitly prohibited.
No new evidence or exhibits
PD27A §6.12 prohibits introducing new factual allegations, new evidence, or exhibits in a position statement. Reference your witness statement instead.
Orders sought
Check your specific hearing type — you must clearly state what orders or directions you are asking the court to make.
NCDR / negotiation
Where relevant, include a brief note on your compliance with the duty to negotiate openly and your views on non-court dispute resolution (PD27A §6.12j).
Statement of truth
Sign and date at the end with a statement of truth. Do not include your name, address, or contact details in the statement itself.
"Position statement" covers skeleton arguments
Under PD27A §6.6, the term "position statement" now covers any written submission including skeleton arguments.
Check your court directions first
Look at your court paperwork to see which pathway you are on: standard Child Arrangements Programme (FHDRA, safeguarding letter) or Child Focused Court (Child Impact Report, Decision Hearing). These follow completely different procedures. If your court directions say something different from what you see below, follow your court's directions.
What to write — and how — for each hearing
What type of proceedings are you in?
PD27A: Position statements are now part of the bundle
As of 2 March 2026, position statements must be filed as part of the court bundle — NOT just before the hearing. This means they have much earlier deadlines. Check your case timetable carefully: bundles are typically due 7–10 days (or more) before the hearing, depending on case type. Filing a position statement only 3 days before the hearing is now too late.
When and how to file it (bundle deadlines)
Check the bundle deadline
Your court notice or case timetable will state when the bundle is due. This is typically 7–10 days before the hearing. Your position statement must be included in the bundle by this date.
Serve the other side with the bundle
File the bundle with the court AND serve a copy on the other party (or their solicitor) by the deadline. Both you and they must receive the complete bundle at the same time.
Bring copies on the day
Bring 3 printed copies of the bundle (including your position statement) to court. Verify the court can provide electronic access if available.
A McKenzie Friend can help you write this
Trusted, experienced, affordable support
Preparing a position statement for the right hearing, in the right format, with the right content is genuinely difficult without experience. A McKenzie Friend who has been through the family court system can sit with you, help you draft each section, and make sure you are not including things that could harm your case. They can also attend the hearing with you.
The McKenzie Friends on Bridge The Gap are verified, experienced, and understand what judges are looking for. They are not solicitors — but for most hearings, that is exactly what you need.
When you should seek legal advice
Some hearings carry serious risk without it
For fact-finding hearings, FDR appointments, and final hearings — particularly in high-conflict or complex cases — we strongly recommend seeking at least a fixed-fee consultation with a solicitor before you attend. Many solicitors offer unbundled services: they will help you prepare your position statement or coach you without taking on the whole case.
- Allegations of domestic abuse or safeguarding concerns are involved
- The other side has a solicitor and the financial stakes are high
- A fact-finding hearing has been ordered
- You are facing cross-examination at a final hearing
- You have received an order you do not understand