Witness Statement vs Position Statement in Family Court: What Is the Difference?
Updated: Oct 16
Written by Dave Barma, Professional McKenzie Friend.
Last updated on 15.10.2026.
This is general information, not legal advice.
If you are representing yourself in the family court you may be asked for a witness statement, a position statement, or both. They sound similar but do different jobs. Here is how they differ.
The short version
• A witness statement is your evidence. It sets out the facts you know about what has happened, so the court and the other party know what you will rely on.
• A position statement is a summary of where you stand. It tells the court what you think the issues are and what you are asking the court to decide at a particular hearing.
Witness statements
A witness statement tells the court and the other party what evidence you intend to rely on at a final hearing. It is written in the first person, in your own words, and it should only contain facts you know personally, plus any information and belief with its source.
The court expects a witness statement to be factual, focused and concise.
See our guide: Witness Statements for Family Court: What the court expects.
Position statements
A position statement is usually shorter than a witness statement and is not mainly about evidence. It is often written for a particular hearing, for example after you have received a Cafcass report or letter and it sets out your position clearly: what you agree with, what you disagree with, and what you are asking the court to order.
Side by side
• Purpose: A witness statement gives evidence. A position statement summarises your stance.
• Content: A witness statement sets out facts. A position statement sets out issues and what you are asking for.
• Length: A witness statement is generally longer. A position statement is generally shorter.
• Tone: Both should be calm, clear and respectful. Neither is the place for anger or blame.
• When: A witness statement is typically needed ahead of a final hearing. A position statement can be needed for hearings at many stages.
Which one do I need?
Check your court order. It will normally say if you must file a statement, what it should cover and the deadline. If it is unclear, ask the court office. Do not guess, because missing a deadline or filing the wrong document can cause problems.
Do I need both?
Sometimes. You might file a witness statement setting out your evidence and a position statement for a specific hearing summarising your position on the day. Your court order will tell you what is required.
Getting help
Our fixed-fee statement drafting service can prepare a witness statement or a position statement from your questionnaire answers.
The fee is £99.99, and your draft is sent within 2 working days of us receiving your completed questionnaire.
It does not include calls, amendments, legal advice or any guarantee of outcome.
Find out more and get started:
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