Position statement
A position statement is a written statement setting out your views on the application in relation to the child.
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After the initial application and response are made in a family case, the judge may request other documents from the parties about their points of view or positions, evidence and other information related to the case.
The documents are intended to provide information to the judge, the parties and other court-appointed individuals. They will be the basis of the evidence in the case and help the judge make a decision. The parties may be cross-examined on their evidence.
There is no standard list of documents a judge may ask for as it depends on the case, but they may ask for:
The judge may also ask a party to prepare a court (or trial) bundle – see Court bundle. It is usually the applicant who prepares the bundle but where a party is unrepresented, the judge may direct the legally represented party to prepare the bundle to ensure it is compliant with the rules.
If you have a legal representative, they will consult and help you prepare any of these documents.
If you do not have a legal representative, you will need to prepare the documents yourself. The sections here give a brief introduction on how to prepare the documents. Get independent legal advice on how to prepare them if you are unsure.
In this section
Statement of evidence or Witness statement
The purpose of a statement of evidence or witness statement is to provide relevant facts.
Affidavit
An affidavit is a written document that gives a truthful version of the facts or events, which is sworn under oath in court.
Skeleton argument
A skeleton argument is a written summary of your case and your main arguments in your case.
Court bundle
A court bundle, also known as a bundle, is one or more lever-arch folders containing all of the documents related to the case.
