What happens if my position statement is over 3 pages?

The judge may not read beyond the limit, and paragraph 3.1 of Practice Direction 27A allows the court to respond to non-compliance, including removing the case from the list or making a costs order. If your case genuinely needs more, the court can direct a different limit under paragraph 7.18(a).

Can I just update my last position statement?

No. Paragraph 7.20 says a position statement must be prepared for each hearing and that adding an update section to an old one is not appropriate. Paragraph 7.18(e) also says it must not incorporate earlier position statements by reference.

Can I include case law I found online or through an AI tool?

Only if you have read the judgment and it says what you claim. Paragraph 7.19 requires you to state the proposition first and identify the supporting part. The Court of Appeal in D (A Child) (Recusal) [2025] EWCA Civ 1570 warned that every party must make sure cited cases are genuine.

Does the 11am deadline apply if my order says something else?

No. The PD27A timetable applies subject to case-specific directions (paragraph 13.1), so the date and time in your order take priority.

Should I mention mediation if the other parent refused it?

Paragraph 7.18(j) asks for information about negotiation and views on non-court dispute resolution where applicable. A short factual sentence is usually enough; avoid revealing what was said in without-prejudice discussions.

Common position statement mistakes (PD27A 2026 rules)

Family court · Position statements · England and Wales · Last checked 23 October 2026

Short answer. The most common position statement mistakes are going over the 3-page limit, recycling the last one with an update, attaching documents or adding new facts, and never saying clearly what order you want. Since 2 March 2026 each of these breaks a specific paragraph of Practice Direction 27A, and paragraph 3.1 lets the court respond to non-compliance, for example by taking the case out of the list or with a costs order.

Key points

Paragraph 7.18 is the checklist: 3 pages, numbered, cross-referenced, self-contained, no exhibits, orders sought.
Paragraph 7.20: a new position statement for every hearing, never an old one with an update bolted on.
Paragraph 7.19: if you cite a case, state the legal point first, then the part of the judgment that supports it.
Paragraph 13.2: preliminary documents are due by 11am on the working day before, unless your order says otherwise.
Courts have warned that AI tools can produce case citations that do not exist or do not say what is claimed.

This page is a checklist of errors, not a how-to. If you have not written a position statement before, start with our position statement guide, and if you are unsure whether you need one or a witness statement, read position statement vs witness statement. Then come back here before you send it.

Mistake 1: going over 3 pages

The rule. PD27A paragraph 7.18(a): concise, and not more than 3 pages unless the court accepts the case is complex and directs a different maximum. Paragraph 6.12(a) sets separate limits for financial remedy cases.

Why it happens. People feel that a longer document shows how much they care, or that anything left out is lost.

Instead. Remember the formatting rules too: at least 12 point, 1.5 or double spacing, margins on each side, and preferably Arial or Times New Roman (paras 11.2(k) and (l), 12.2). Shrinking the font or the margins to fit is still non-compliant. Cut by topic: anything the judge is not deciding at this hearing can go.

Mistake 2: reusing the last one with an "update" section

The rule. Paragraph 7.20 says a position statement must be prepared for each hearing, and that taking the previous one and adding an update is not appropriate. Paragraph 7.18(e) adds that it must be self-contained and must not pull in material from earlier position statements by reference ("see my position statement of 4 May").

Instead. Start from a blank page. Write down what this hearing is for (the order listing it usually says), what has changed since the last one, and what you want now. Paragraph 7.16 also says superseded documents should come out of the bundle, so the old position statement may not even be there for the judge to look back at.

Mistake 3: attaching screenshots, letters or reports

The rule. Paragraph 7.18(h): no exhibits. Separately, paragraph 5.2 says that, unless the court directs otherwise, the bundle must not contain classes of material such as text, WhatsApp and social media messages, emails, recordings, photographs and bank statements, although a specific document the court needs to read can still be included.

Instead. If a document is already in the bundle, give its page reference. If it is not, and you think the judge must see it, ask the court about it rather than stapling it to your position statement. Our guide to messages as evidence explains how to select and present them when the court allows it.

Mistake 4: telling new facts for the first time

The rule. Paragraph 7.18(g): a position statement must not introduce any new evidence.

Why it matters. The other parent has not had a chance to answer, and the judge cannot make findings from a submission. A dramatic new allegation in a position statement often leads to delay rather than a decision.

Instead. If something significant has happened since the evidence was filed, say briefly that it has happened and ask the court for directions about it (for example, permission to file a short statement). That is a request, not evidence.

Mistake 5: not saying what order you want

The rule. Paragraph 7.18(i): set out the directions or orders sought. Paragraph 7.10(d) asks for a summary of the orders sought both at this hearing and at the final hearing.

Instead. End with a numbered list the judge could almost copy into an order: what, when, where, who. "More time with my daughter" is a wish. "Alternate weekends from Friday 5pm to Sunday 5pm, collecting from school where possible" is a proposal. Split it into "at this hearing" (for example, a direction for a section 7 report, dates for statements, interim arrangements) and "at the final hearing".

Mistake 6: long quotations

The rule. Paragraph 7.18(f): no extensive quotations from documents.

Instead. Quote a few words where the exact words matter, and point to the page for the rest: "The safeguarding letter recommends a section 7 report (B12, para 6)." The judge has the bundle open.

Mistake 7: no cross-references to the bundle

The rule. Paragraph 7.18(d) asks for cross-references to relevant documents in the bundle; paragraph 7.14 repeats it for all preliminary documents where practicable. Paragraph 7.18(c) requires numbered paragraphs.

Instead. Wait for the bundle index if you can, and use its page numbers (for example C23). If the bundle is late, say which document you mean by name and date. Number every paragraph so the judge and the other side can say "paragraph 6" rather than "the bit about Christmas".

Mistake 8: arguing every issue in the case

The rule. Paragraph 7.18(b): a position statement should both define and confine the matters in dispute to be resolved at the hearing.

Instead. A directions hearing is not the final hearing. If the court is only setting a timetable today, your position statement should be mostly about the timetable. Say what you agree with, too. A short list of agreed points makes the remaining disputes look smaller and easier to manage.

Mistake 9: silence about negotiation and mediation

The rule. Paragraph 7.18(j): where applicable, tell the court about the parties' compliance with the duty to negotiate openly and reasonably, and their views on non-court dispute resolution. The court must consider non-court dispute resolution at every stage (FPR rule 3.3), and may require each party to file a form (FM5) with their views (rule 3.3(1A)).

Instead. One or two factual sentences are enough: what was offered, when, and what happened; and whether you think mediation or another method could help now, or why it is not suitable or safe. Do not reveal the content of without-prejudice discussions. Our guide to mediation vs court covers the options.

Mistake 10: personal attacks and loaded words

The rule. Nothing in PD27A bans adjectives, but paragraph 7.18(b) asks you to confine the document to the issues, and the judge is deciding what is best for the child, not who is the better person.

Instead. Replace labels ("manipulative", "a liar") with the fact and a page reference, and connect it to the child, as in this fictional example: "Two of the last four handovers were missed (C14, C16). I propose a fixed time and place so that Sam knows what to expect." If there are serious concerns about a child's safety, raise them through the proper route rather than as insults in a submission.

Mistake 11: citing cases badly, or citing cases that do not exist

The rule. Paragraph 7.19: if you need to refer to a case, first state the proposition of law it demonstrates, then identify the parts that support it, without extensive quotation. Paragraph 10.4 says a party who cites an authority must give a copy or link to any litigant in person in advance.

AI tools. In D (A Child) (Recusal) [2025] EWCA Civ 1570, the Court of Appeal considered documents a parent had prepared with AI help, some of whose citations did not support the points made and some of which did not exist. At paragraph 83 the court said it was understandable that unrepresented parties turn to AI, but stressed that everyone citing a case must make sure it is genuine and supports what is claimed.

Instead. Most position statements in children cases need no case law at all: the welfare checklist in section 1(3) of the Children Act 1989 is the framework the judge applies. If you do cite something, read the judgment yourself on the National Archives Find Case Law service or BAILII, and quote the paragraph number you relied on.

Mistake 12: missing the 11am deadline, or missing the details on the front

The rule. Paragraph 13.2: preliminary documents, if not already served and filed, must reach the court and all parties by 11am on the working day before the hearing. Paragraph 7.13: each preliminary document must show on its front page, immediately below the heading, the date it was prepared and the date of the hearing it is for.

Instead. Check your order first, because a case-specific direction takes priority (para 13.1). Send it to the court and to the other party (or their solicitor) at the same time, keep a copy of the email, and use a filename that says what it is and which hearing it is for. If you cannot send it directly to the other party because of safety concerns, ask the court how to serve it.

A note on privacy

Hearings about children are usually held in private, and publishing information about them can be a contempt of court (Administration of Justice Act 1960, section 12; Children Act 1989, section 97 on identifying a child). Do not post your position statement, or the other side's, on social media or in online forums, and do not paste it into public sites to ask for comments. If you want help, use people the rules allow you to share with, such as a lawyer, a McKenzie friend or an advice service; see McKenzie friends.

A two-minute final check

Three pages or fewer at 12 point and 1.5 spacing?
Written for this hearing, with today's date and the hearing date under the heading?
Numbered paragraphs, each with a bundle page where it relies on a document?
No attachments and no new facts?
A numbered list of orders sought, now and at the final hearing?
A sentence on negotiation and non-court dispute resolution, where it applies?
Any case you cite read by you, with the proposition stated first?
Sent to the court and the other side before 11am on the working day before?

Where EvidenceCanvas fits, and where it does not. EvidenceCanvas does not file your position statement, does not send it to the court or the other side, and does not check compliance with any practice direction for you; you check the length and every reference yourself. It can draft a position statement from the documents you upload, checks its own draft once and marks anything it cannot fix for you to resolve. No person reads the draft before you get it, and drafts can be wrong.

Questions people ask

What happens if my position statement is over 3 pages?: The judge may not read beyond the limit, and paragraph 3.1 of Practice Direction 27A allows the court to respond to non-compliance, including removing the case from the list or making a costs order. If your case genuinely needs more, the court can direct a different limit under paragraph 7.18(a).
Can I just update my last position statement?: No. Paragraph 7.20 says a position statement must be prepared for each hearing and that adding an update section to an old one is not appropriate. Paragraph 7.18(e) also says it must not incorporate earlier position statements by reference.
Can I include case law I found online or through an AI tool?: Only if you have read the judgment and it says what you claim. Paragraph 7.19 requires you to state the proposition first and identify the supporting part. The Court of Appeal in D (A Child) (Recusal) [2025] EWCA Civ 1570 warned that every party must make sure cited cases are genuine.
Does the 11am deadline apply if my order says something else?: No. The PD27A timetable applies subject to case-specific directions (paragraph 13.1), so the date and time in your order take priority.
Should I mention mediation if the other parent refused it?: Paragraph 7.18(j) asks for information about negotiation and views on non-court dispute resolution where applicable. A short factual sentence is usually enough; avoid revealing what was said in without-prejudice discussions.

Checked on 23 October 2026: Practice Direction 27A (in force 2 March 2026, amended 24 March 2026; paras 3.1, 5.2, 6.12, 7.10, 7.13, 7.14, 7.16 to 7.20, 10.4, 11.2, 12.2, 13.1, 13.2); FPR Part 3 (rule 3.3); D (A Child) (Recusal) [2025] EWCA Civ 1570 (paras 28, 54, 83); Administration of Justice Act 1960, section 12; Children Act 1989, section 97; Children Act 1989, section 1. General information for England and Wales, not legal advice. Your court's directions take priority over this guide.