How to write a Position Statement
When you prepare for any Family Court Hearing, it is crucial that when you are in the hearing, you manage to convey all of your important and relevant points across to the Judge in a clear and logical way.
Unfortunately, all too often your emotions get the better of you, and you forget vital points, you spend too long trying to explain things in a far too detailed way, and the Judge loses interest, or patience with you.
Hence, a Position Statement is one of the most useful and important documents that any person that is self-representing can have in court.
The document should be quickly and easily read by the Judge before the hearing starts, and so one or two pages is best. The typing needs to be at least 12pt and the lines spaced 1.5. It is also useful to number the paragraphs so that the Judge can ask you to explain something in a particular paragraph easily.
What isn’t quite so easy to explain in this article is what should you write about as some issues are more important to the court than you may think and vice versa.
Before you start writing, consider what you want the court to order and what the other side will accuse you of or give as reasons why you shouldn’t have what you want. It is usually worth addressing the other sides concerns in this document. Also, if there is some previous bad behavior, such as being arrested for something, failed a drugs test or been to prison, mention it now because you can be pretty certain that the other side will mention it in a way that makes you sound worse than you would like the court to be told about.
I always find it is best to briefly explain the background in the first paragraph. Bearing in mind your space is limited, you obviously don’t agree with each other so there is little need explaining why you don’t, you will want to see your children (or whatever the case is about), and it has reached a point where this application is necessary. The ins and outs of that are likely to not be too important to the Judge who probably finds that 99% of people in his court don’t agree, they miss their children and court is the last resort. If there was an existing arrangement it is worth mentioning that, and if you know why it stopped explain that too.
It is important that you explain the issues in a logical order, and I always begin with the major issues and work through to the least important.
You need to explain why the changes you are proposing, or the order that you want is beneficial to the children and then finish off with setting out the order that you are looking for. In reality, for many people that are dealing with their own case it is difficult to separate their emotions and see their case how the judge will see it. You are likely to benefit in Simon Walland writing your Position Statement for you. He will discuss your case and based on his knowledge and experience will be able to write a document that is what the judge will appreciate and understand easily and clearly. That is after all the purpose of the Position Statement and having it professionally written is likely to assist you case tremendously.