Writing Your Position / Witness Statement

A Position Statement is a short document you file with the court before your First Hearing. It is not a full witness statement — it does not need evidence or exhibits at this stage. Its job is to tell the judge, in plain English, what you are asking for and why.

• ✓A brief introduction: who you are and your role in the children's lives.
• ✓The current arrangements: where the children live, who they spend time with, and how handovers work.
• ✓The issue in dispute: what you cannot agree on with the other parent.
• ✓What order you want the court to make at this hearing.
• ✓Your response to the CAFCASS Safeguarding Letter — anything you agree with and anything you disagree with.
• ✓Any practical proposals for term-time, weekends, holidays, and handovers.
• ✓A polite, child-focused closing sentence.

Read the Safeguarding Letter carefully. Do not try to rewrite it in your Position Statement. Instead, focus on two things: what you accept, and what you respectfully disagree with.

If something is factually wrong — for example, a date, a name, or a description of arrangements — correct it calmly and briefly. If you disagree with an opinion or characterisation, say so without attacking the officer or the other parent.

Use short paragraphs and numbered points. Avoid long stories, legal arguments, or copied messages. Be honest about what you do not know. If you are asking for an interim arrangement, explain why it is safe and practical for the children now.

File your Position Statement with the court at least 24 hours before the hearing, and send a copy to the other parent or their representative at the same time. Keep a copy for yourself and bring it with you on the day.

If you do not file one, the judge will still hear from you, but a written Position Statement makes sure your position is clear, organised, and recorded on the court file.