Position statements and the court bundle

Before most hearings, the judge reads the papers. A clear, calm position statementPosition statement. A short document setting out a parent's position and proposals before a hearing. helps the judge understand you before you say a word.

What a position statement is

A short document setting out who you are, what the current situation is, what you're asking the court to do and why it serves your child. It isn't a witness statement and not the place for the full history. Two to four pages is usually right.

A structure that works

1. Introduction. Your name, your relationship to your child and your parental responsibilityParental responsibility. The legal rights, duties and authority a parent has in relation to a child. It does not on its own guarantee a set amount of time with the child..
2. Background. Your involvement in your child's life, with a few specific examples.
3. Current situation. What arrangements exist or have broken down. Factual, not emotional.
4. Response to other documents. Brief comments on the CafcassCafcass. The Children and Family Court Advisory and Support Service, which advises the family court on children's welfare in England. Cafcass Cymru does the same in Wales. letter or report and the other parent's position, where you agree and where you don't.
5. Your proposal. Specific days, times, handovers and holidays, and why they suit your child.
6. Closing. A short paragraph confirming your commitment to your child and your willingness to cooperate.

Tone

Keep the language calm and plain. Words such as "outrageous", "vindictive" or "ridiculous" tell the judge more about your state of mind than about the facts. A useful test: does each paragraph connect back to what your child needs? If it's mainly about what the other parent has done wrong, ask whether it's helping. Read it aloud before you send it. If a sentence makes you wince, change it.

Common mistakes

• listing everything the other parent has done wrong
• including money, the relationship breakdown or new partners when they aren't relevant to the child
• ignoring allegations or points the other parent has raised
• being vague about what you're asking for
• copying the last statement instead of updating it

Sending it

Follow the court's directions on deadlines and who to send it to. That's usually the court, the other parent or their solicitor and Cafcass, if they're involved. Bring printed copies to the hearing.

The court bundle

A bundle is the indexed, page-numbered set of documents the court will work from. If the other parent has a solicitor, they will usually prepare it. If neither of you does, the court will tell you what's expected. Follow its directions closely.

If you prepare evidence yourself:

• include only what's relevant to the issues the court is deciding
• organise documents in date order, with an index at the front
• number every page consecutively across the whole bundle
• include message threads in full rather than cutting them down
• keep it to a manageable size. A focused bundle is stronger than a sprawling one

Read the whole bundle before the hearing, including the other parent's documents, and mark the pages you may need to refer to.