In family proceedings a position statement is often ordered to be filed by all the parties in a case so that the Court is aware of what each party’s position is in the proceedings. Position statements can be directed to be filed and served before interim or final hearings.
A position statement is not an evidential statement which will stand as the maker’s evidence in court proceedings. The maker of the position statement does not have to incorporate into the position statement a declaration that the statement is true. The maker of a position statement will not be cross examined on the contents of his or her position statement; in the same way as if he or she had filed and served a witness statement, (where the maker completes a declaration of truth as to the accuracy of his or her statement).
In private law children act proceedings (residence and contact disputes) each party is required to file a position statement before a final hearing which will be incorporated into the Bundle of Documents for the District Judge. The filing of position statements by each party helps a District Judge to decide what are the issues in dispute between the parties, and how far apart the parties are.
In public law children act proceedings the Court require each party to file a position statement before each hearing.
A Position Statement should be clear and will identify what the Court needs to read, what the issues are and what each parties position is (and why).
If you need help or advice on preparing a position statement then please contact us.