Two documents come up again and again in children cases and parents often mix them up. Both are written by you, both go to the court and the other parent, but they do different jobs.
The position statement
A position statementA position statement is a short document, usually a page or two, telling the judge before a hearing where things stand for you and what you are asking the court to consider. It is not evidence, and you write it yourself. is short. It tells the court, ahead of a particular hearing, where you stand: what the arrangements are now, what you are asking the court to do at this hearing, and the main reasons. Think of it as a briefing note. Two to four pages is usual. It is not evidence and it is not the place for the full history.
A structure that works:
- Heading: the court, the case number, the child's name and date of birth, your name and whether you are the applicant or respondent, the date of the hearing
- Background: three or four sentences
- Current arrangements: what happens now, factually
- What I am asking the court to do: numbered, specific, practical (days, times, handovers, holidays)
- Why: the main reasons, tied to your child's needs rather than to the other parent's conduct, with reference to any report
- Anything else the court needs to know for this hearing
Courts expect position statements to be sent to the other parent and filed before the hearing, often by a set time the day before. Check the court's directions.
The witness statement
A witness statement is evidence. It is your account of the facts, in your own words, which you sign under a statement of truth. It is used when the court needs to decide what happened, for example before a fact-finding or final hearing, and the court will usually direct when it is due and how long it may be.
The rules for how it is set out are in Practice Direction 22A of the Family Procedure Rules. The key requirements: it is in your own words and the first person; it is in numbered paragraphs; it deals with facts you know yourself, and says where something is not from your own knowledge; it does not argue or give opinions about the law; it refers to documents by exhibit number; and it ends with a statement of truth in the current prescribed wording, signed and dated. A statement of truth is a declaration that you believe the facts are true, and knowingly making a false one is a serious matter.
A structure that works:
- Introduction: who you are, your relationship to the child, what the statement is about
- Background: the history, in date order, at the level of detail the court has asked for
- The matters in issue: for each thing the court has to decide, what happened, when, and what evidence supports it, with exhibit references
- The child: their routine, needs, and, if you know them, their wishes, described neutrally
- What you are asking the court to do
- Statement of truth, signature, date
Common mistakes
Writing the position statement as if it were the witness statement (too long, too much history). Using either document to attack the other parent rather than describe what happened. Including things you cannot support. Forgetting the statement of truth. Missing the deadline in the court's directions, which can mean the court will not read it.
How familycourt.app and McKenzie can help
Document Studio has separate templates for position statements and witness statements, built around what the court expects, including the Practice Direction 22A structure and the current statement of truth wording. McKenzie helps you turn your chronology and documents into your own draft, paragraph by paragraph, each linked to its source, and you confirm every paragraph before it is saved. It helps you put your own account into the words the court expects; it does not write your evidence for you.