Family Court Position Statement
Family Court Position Statement. Going through a family court dispute involving child contact and custody can be an emotional and stressful experience for everyone involved. In such situations, it is essential to present your case as clearly and convincingly as possible. One way to do this is by writing a family court position statement. A position statement is a written document that outlines your stance on the issues in dispute and the reasons behind your position.
In this article, we will discuss what a family court position statement is, give tips on what it should look like, and what information should be included in it.
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Family Court Position Statement. What is it?
A family court position statement is a document that sets out your case in writing. It is an opportunity for you to explain your side of the story and to present your arguments and evidence to the court. A position statement is usually prepared before the court hearing to assist the judge in understanding the issues in dispute.
Family court Position Statement - tips and hints
Clear and Concise
A family court position statement should be clear and concise. It should be written in a way that is easy to understand and should not contain any unnecessary jargon or legal terms. Keep in mind that the judge will be reading this document, so it is essential to make it as accessible as possible.
Organised and Well-Structured
A family court position statement should be organised and well-structured. You can use headings and subheadings to break up the text and make it easier to read. Consider using bullet points or numbered lists to make your arguments stand out.
Professional and Respectful Tone
A family court position statement should be written in a professional and respectful tone. Avoid using inflammatory language or making personal attacks against the other party. Remember that the judge is looking for evidence and arguments, not insults.
Evidence-based
A family court position statement should be evidence-based. You should include all relevant evidence to support your case, such as documents, witness statements, and expert reports. You should also explain how the evidence supports your position.
Family court position statement - Information to Include
Start with an introduction that explains who you are and what you are asking the court to do. Provide a brief overview of the issues in dispute and the key points you will be making in the document.
Relationship Background
Provide a brief background of the relationship. Explain why you are in court and what has happened so far. It is important to be factual and objective in your description of events.
Your Position
Outline your position on the issues in dispute. Explain what you are asking the court to do and why. Be clear and concise, and make sure you reference any relevant legal principles or case law, if you can.
Evidence
Present all relevant evidence to support your position. This may include documents, witness statements, and expert reports. Explain how each piece of evidence supports your case.
To Sum Up
In conclusion, a position statement is an important document that can help you present your case effectively in family court. Remember to be clear, concise, and professional in your writing. Provide all relevant evidence to support your position, and make sure you structure your document in a logical and easy-to-read way. By following these tips, you can increase your chances of success in your family court case.
It is important to remember that the court’s primary consideration is the welfare of the child, and your position statement should always focus on what is in the best interests of the child. By keeping your statement child-focused, fair, accurate, and practical, you can present a clear and compelling case to the court.
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Example of family court position statement - John Thompson
1. I, John Thompson, am the father of Emily and the Respondent Rachel is her mother.
Background
2. Rachel and I separated in January 2021. Since then, I have had sporadic contact with Emily. I have attempted to establish a regular visitation schedule with Rachel, but she frequently cancels or refuses to discuss the matter. As a result, I am unable to plan activities with Emily, and when I am offered time with her, it is often on short notice.
3. Emily is now ten years old and enjoys horse riding with me at a local stable where I am a member. The stable organizes competitions, but Emily has never been allowed to participate due to the uncertainty of our visitation schedule. This has been a source of disappointment for Emily, particularly since some of her friends participate in the competitions.
Current Situation
4. Emily has been invited to participate in a horse riding competition in July, but Rachel has refused to discuss the matter with me. Consequently, I believe that it is necessary to make an application to the court to ensure that Emily can enjoy horse riding and spending time with me on a regular basis.
Proposals
5. I respectfully request that the court consider the following order:
a. Emily will stay with me every alternate weekend, starting on Friday 1 July 2023, from 6 pm on Friday until 6 pm on Sunday. I will pick Emily up from Rachel’s home and drop her off there.
b. Emily will have holiday contact with me as follows:
(i) A two-week holiday during the summer break at a time agreed upon by Rachel and me.
(ii) One week each during the Christmas and Easter school holidays.
(iii) Two additional overnight stays with me during the February and October half-term breaks.
c. Any other visitation arrangements that we agree on from time to time.
6. I believe that this order will benefit Emily and eliminate the uncertainty and disappointment caused by our current situation. Emily will be able to participate in the horse riding competition in July and ride regularly with her friends and me.
7. I also request that the order include provisions for flexibility in attending horse riding events that fall outside of the designated visitation times. This will allow Emily to attend important horse riding events that occur outside of our scheduled visitation times.
Signed:
Dated:
Example of family court position statement - John Smith
1. I, John Smith, am the father of two children, Emma and Adam, aged 8 and 10 respectively. The Respondent, Sarah Johnson, is their mother.
Background
2. I separated from Sarah in January 2022 due to her severe alcohol use. Since then, she has been unable to provide a stable and safe environment for our children. She has a history of neglecting their basic emotional and developmental needs, which has led to severe consequences for their well-being.
Examples of Neglect
3. Sarah has frequently been drunk in front of the children, and there have been numerous occasions where she has been too intoxicated to care for them. This has resulted in the children being left alone, with no adult supervision, in the house or in public places.
4. Emma and Adam have also reported to me that Sarah has been emotionally abusive towards them, often belittling and criticising them. This has resulted in their low self-esteem, and they have become increasingly withdrawn and anxious.
5. Sarah has failed to provide a stable living environment for the children, often moving them from one place to another without any notice or explanation. As a result, Emma and Adam have had to change schools multiple times, and their education has been significantly impacted.
Proposals
6. I am seeking full custody of Emma and Adam to ensure their safety, well-being, and proper development. I am willing to provide a stable and loving home for them, with access to all necessary resources, including counselling and therapy.
7. I ask the court to consider making an order in the following terms:
a. That full custody of Emma and Adam be awarded to me, John Smith.
b. That Sarah Johnson be granted supervised visitation rights only, with the frequency and duration of the visits to be determined by the court.
8. I believe that granting full custody to me is in the best interests of Emma and Adam. They need a stable, secure, and loving environment to thrive and reach their full potential, and Sarah’s alcohol use and neglect have made it impossible for her to provide that.
Signed:
Dated:
