What is a position statement for a child arrangements hearing?

A position statement is a concise document filed before a child arrangements hearing, such as a First Hearing Dispute Resolution Appointment or Dispute Resolution Appointment. It sets out your current position on where the child should live and contact arrangements. The statement should be short, focused, and non-argumentative, explaining what you want and why it is in the child's best interests.

What specific welfare factors must be included in the statement?

The statement must address the welfare checklist under section 1(3) of the Children Act 1989. This includes the child's ascertainable wishes and feelings, their physical, emotional, and educational needs, the effect of any change in circumstances, relevant characteristics of the child, any harm suffered or at risk, and the capability of each parent to meet the child's needs.

Can I use a position statement instead of a witness statement?

No, a position statement is not a substitute for a full witness statement if the court has directed one. It is a statement of your position, not advocacy, and should not contain legal jargon or legal arguments. It is intended to be a brief document for interim hearings, distinct from more detailed evidence.

What are the common mistakes to avoid when writing this document?

Common mistakes include making the statement too long, focusing on adult grievances rather than the child's welfare, using legal jargon or making legal arguments, and failing to update the statement to reflect any developments since the last hearing. Courts expect brief documents at interim hearings, and every point must relate to the child's best interests.

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Family

Family Law

Updated 2026-05-16

Position Statement — Child Arrangements Hearing

A concise position statement for a child arrangements hearing, setting out your current position on where the child should live and contact arrangements.

This template was not drafted by a solicitor.

It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.

When to use this template

Use this template before a child arrangements hearing (such as a First Hearing Dispute Resolution Appointment — FHDRA, or a Dispute Resolution Appointment — DRA) when the court has asked each party to file a position statement. A position statement should be short, focused, and non-argumentative, telling the court what you want and why it is in the child's best interests.

When NOT to use this template

Do not use this template as a substitute for a full witness statement if the court has directed one. Position statements should be concise (ideally no more than 2–3 pages); do not repeat your entire case history. Do not include irrelevant information about the other parent's personal life unless it directly affects the child's welfare.

Legal Basis

Children Act 1989 ss.8, 1(3) (welfare checklist); Family Procedure Rules 2010 Part 12 and Practice Direction 12B (Child Arrangements Programme); the welfare of the child is the court's paramount consideration.

Before you send

Making the position statement too long — courts expect brief documents at interim hearings
Focusing on adult grievances rather than the child's welfare — every point should link back to the child's best interests
Using legal jargon or making legal arguments — this document is a statement of your position, not advocacy

Common Mistakes to Avoid

✗Making the position statement too long — courts expect brief documents at interim hearings
✗Focusing on adult grievances rather than the child's welfare — every point should link back to the child's best interests
✗Using legal jargon or making legal arguments — this document is a statement of your position, not advocacy
✗Not updating the statement to reflect any developments since the last hearing

Build Your Letter

Fill in your details

Complete the fields below. Required fields are marked with *.

Court name*

Case number*

Child's full name*

Child's date of birth*

Your full name*

Your role in proceedings*

Short form of your role*

Date of the hearing*

Type of hearing*

Who child should live with (your proposal)*

Who child should spend time with*

Contact arrangements sought*

Brief background (2-4 sentences)*

Who child currently lives with*

Who child currently sees*

Current contact details*

Child's wishes and feelings*

Child's physical, emotional and educational needs*

Effect of any change in circumstances*

Any harm suffered or risk of harm*

Capability of each parent*

Specific order you are proposing*

Issues still in dispute*

Date*

Optional fields

Relevant characteristics of the child

Letter preview

IN THE FAMILY COURT AT [COURT NAME]

Case Number: [CASE NUMBER]

**IN THE MATTER OF [CHILD'S FULL NAME] (Date of Birth: [CHILD'S DATE OF BIRTH])**

---

**POSITION STATEMENT OF [YOUR FULL NAME]**
**([YOUR ROLE IN PROCEEDINGS])**

Hearing date: [DATE OF THE HEARING]
Hearing type: [TYPE OF HEARING]

---

**1. Summary of Position**

[YOUR FULL NAME] (the "[SHORT FORM OF YOUR ROLE]") respectfully asks the Court to make a child arrangements order providing that:

- [CHILD'S FULL NAME] shall **live with** [WHO CHILD SHOULD LIVE WITH (YOUR PROPOSAL)];
- [CHILD'S FULL NAME] shall **spend time with** [WHO CHILD SHOULD SPEND TIME WITH] as follows: [CONTACT ARRANGEMENTS SOUGHT].

**2. Background**

[BRIEF BACKGROUND (2-4 SENTENCES)]

**3. Current Arrangements**

At present [CHILD'S FULL NAME] lives with [WHO CHILD CURRENTLY LIVES WITH], and spends time with [WHO CHILD CURRENTLY SEES] on the following basis: [CURRENT CONTACT DETAILS].

**4. The Child's Welfare**

The [SHORT FORM OF YOUR ROLE]'s position is informed by the following considerations relevant to [CHILD'S FULL NAME]'s welfare under section 1(3) of the Children Act 1989:

(a) *The ascertainable wishes and feelings of the child:* [CHILD'S WISHES AND FEELINGS]

(b) *Physical, emotional and educational needs:* [CHILD'S PHYSICAL, EMOTIONAL AND EDUCATIONAL NEEDS]

(c) *The effect of any change in circumstances:* [EFFECT OF ANY CHANGE IN CIRCUMSTANCES]

(d) *Relevant characteristics of the child:* [RELEVANT CHARACTERISTICS OF THE CHILD]

(e) *Any harm the child has suffered or is at risk of suffering:* [ANY HARM SUFFERED OR RISK OF HARM]

(f) *Capability of each parent to meet the child's needs:* [CAPABILITY OF EACH PARENT]

**5. Proposed Order**

The [SHORT FORM OF YOUR ROLE] asks the Court to make an order in the following terms:

[SPECIFIC ORDER YOU ARE PROPOSING]

**6. Outstanding Issues**

The following issues remain in dispute and require the Court's determination: [ISSUES STILL IN DISPUTE]

---

Signed: ___________________________

[YOUR FULL NAME]

Date: [DATE]

Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.

Related Guides

Family Court Process

Related Rights

Family Rights

Official Resources

Gov.uk — Child Arrangements Order →Cafcass — Guidance for Parties →

Frequently asked questions

What is a position statement for a child arrangements hearing?: A position statement is a concise document filed before a child arrangements hearing, such as a First Hearing Dispute Resolution Appointment or Dispute Resolution Appointment. It sets out your current position on where the child should live and contact arrangements. The statement should be short, focused, and non-argumentative, explaining what you want and why it is in the child's best interests.
How long should a position statement be and what should it avoid?: The statement should be concise, ideally no more than two to three pages. It must not repeat your entire case history or include irrelevant information about the other parent's personal life unless it directly affects the child's welfare. Every point should link back to the child's best interests, avoiding adult grievances or legal arguments.
What specific welfare factors must be included in the statement?: The statement must address the welfare checklist under section 1(3) of the Children Act 1989. This includes the child's ascertainable wishes and feelings, their physical, emotional, and educational needs, the effect of any change in circumstances, relevant characteristics of the child, any harm suffered or at risk, and the capability of each parent to meet the child's needs.
Can I use a position statement instead of a witness statement?: No, a position statement is not a substitute for a full witness statement if the court has directed one. It is a statement of your position, not advocacy, and should not contain legal jargon or legal arguments. It is intended to be a brief document for interim hearings, distinct from more detailed evidence.
What are the common mistakes to avoid when writing this document?: Common mistakes include making the statement too long, focusing on adult grievances rather than the child's welfare, using legal jargon or making legal arguments, and failing to update the statement to reflect any developments since the last hearing. Courts expect brief documents at interim hearings, and every point must relate to the child's best interests.