Your Position Statement is where you set out your case to the court, it should be child-focused throught-out. The purpose of the Statement is to give the judge an understanding of the dispute and an indication of what you would like the court to do in order to resolve it, and what arrangments you think are in your child's best interests.
- whether you are opposed in principle to the order the other person is seeking;
- what arrangements (or order, if you are not applying for a Child Arrangements Order) you are seeking;
- if you oppose in principle the other party's application, explain why, in general terms (e.g. "she/he drinks to excess", "his/her current partner is violent to him/her in front of the children");
- if you agree in principle (e.g. you agree there should be contact / that the child should live with them but disagree with the specific suggestions they've made) say very briefly why (e.g. you don't think the proposals are practical / you feel the level of contact proposed is too much/too little / you feel it doesn't reflect the children's wishes).
1. The facts and matters set out in this statement are within my own knowledge unless otherwise stated, and I believe them to be true.
2. Where I refer to information supplied by others, the source of the information is identified and matters derived from other sources are true to the best of my knowledge and belief.
3. List in chronological order significant events, starting with dates of birth of the children, significant events and any changes in your situation that lead up to the date of application.
Response to issues raised in the respondent’s/applicant’s statement:
1. By paragraph, if a position statement has been received by the other side. Don't get bogged down in responding to each and every point; deal only with the most serious allegations, and those you believe to be untrue.
Position statement of respondent/applicant father/mother:
1. Short “bio” of the children – what they like doing, any social activities outside of school, how they fare at school, a bit about their personalities, and whether they are fit, well and happy children with no health or developmental issues. (where appropriate, a short positive comment about the other parent's parenting - even if it's along the lines of "x is a loving, generous father/mother to [child]").
2. Onwards: set out in numbered paragraphs what you are asking the court to consider, and why this is in the children’s best interests. Use the welfare check list in the children act to guide you.
Statement of truth
I believe that the facts stated in this statement are true.