What is a Position Statement for Family Court?
And then the Judge said ‘This 724 page statement is useless’
When you attend court, you will find yourself in the position of sitting in front of a Judge who has to understand what you want, what your ex partner wants and then make a sensible decision on what to do next.
Being in court can be a daunting and emotional experience and it is not the best place to ‘wing it’ and say what pops into your head as you go along. Not only will you forget something important, but you risk going blank, losing track of your thoughts or coming across as a gibbering wreck.
I have always advocated writing a Position Statement for pretty much every hearing as whether the court accepts it or not, it will be a valuable exercise in you having a proper look at your situation and thinking about where it needs to go. You can get opinions on what you have written and adjust and add information as it comes to you.
So what is it? The court advise a 1 or 2 page document setting out what you want the court to do and why.
Do I ever follow those rules? No
Your Position Statement is unique to you and your situation is unique to you. If you need to explain something and it uses more paper then say it. Keep in mind though that the 1-2 page rule comes from people providing War and Peace when the Judge has about 2 minutes to read the case before starting the hearing. He needs to understand your situation very quickly and he cant do that if you have written too much.
I prefer to write a brief background of one paragraph, set out the problems, explain the solutions (as I see them) and then repeat the solutions as a list. If that comes to 4 pages, then so be it.
There is no room to waste, so keep things relevant, clear and logical.
Simon Walland has written thousands of Position Statements and knows what is needed, how to write them and how to keep them focused. He knows what the Judge wants to read and he can write yours.
Book a Position Statement with Simon and he will discuss your situation by telephone, send you a draft version, discuss it again and then send you the final version. If you have queries or don’t understand why things have been left out or included, Simon will happily explain.
A couple of years ago a new client came to Simon and asked him to rewrite a statement which her Mckenzie Friend had produced which had 724 pages in it. The Judge had told her it was rubbish and to find a better Mckenzie Friend.