Position statement vs witness statement: what is the difference?
Parents representing themselves often send one document that tries to do both jobs: half story, half wish list. The court treats the two very differently, so it helps to know which one you are writing before you start.
The one-line difference
A witness statement says what happened. A position statement says what you are asking the court to do today, and why.
Put another way, the witness statement is raw material the judge may later make findings from. The position statement is your argument about how the judge should deal with the hearing in front of them, using the evidence that is already in the bundle. Practice Direction 27A puts it in the group of "preliminary documents" that sit at the front of the bundle, in section A, separate from the statements and reports that make up the evidence. The judiciary's guide for litigants in person on preparing court bundles (2 March 2026) says plainly that preliminary documents, including position statements, are not evidence (para 5.7).
Side by side
| Question | Witness statement | Position statement |
|---|---|---|
| What is it? | Your evidence of fact, in the first person | A written submission on the issues at one hearing |
| Main rules | FPR Part 22; PD22A; FPR Part 17 and PD17A | PD27A paras 7.17 to 7.20 and chapters 11 to 12 (format) |
| Who decides when it is filed? | The court, by a direction in an order (often made at the first hearing) | PD27A: by 11am on the working day before the hearing, unless the court orders otherwise |
| Length | No more than 25 pages, excluding exhibits (PD27A 8.1); the President's 2021 memorandum treats 15 pages as best practice | No more than 3 pages in non-financial cases unless the court directs a different limit (7.18(a)) |
| Statement of truth? | Yes, required (FPR r.17.2(1)(b)), signed by you | Not on the list of documents in r.17.2 that must be verified, because it is not evidence |
| Exhibits? | Yes, where relevant, marked and referred to in the text | No exhibits and no new evidence (7.18(g) and (h)) |
| How long does it last? | Normally stands as your evidence in chief at the final hearing (r.22.6(2)) | One hearing only; a fresh one each time (7.20) |
| Can you be questioned on it? | Yes, the other side can ask you questions about it at the final hearing (r.22.11) | It is your submission, not your testimony |
The witness statement in more detail
Family Procedure Rules rule 22.4 defines a witness statement as a signed written statement containing the evidence the person would be allowed to give orally. It must comply with Practice Direction 22A. Under rule 22.7, evidence at hearings other than the final hearing is generally given by witness statement, and under rule 22.6(2) your statement normally stands as your evidence in chief at the final hearing, so the judge may never hear you tell your story out loud from the beginning. What is on the page is what counts.
Practice Direction 22A covers the format: a heading with the case details, your name, the statement number and the exhibits in the top right corner of the first page (para 3.2), numbered pages and paragraphs, dates in figures (para 3.3), your own words in the first person (para 4.1), and a clear separation between things you know yourself and things you were told, with the source given (para 4.3). Practice Direction 17A, para 2.2, gives the statement of truth wording, which now begins with a warning about contempt of court.
The court controls the evidence. Rule 22.1 lets it decide which issues it wants evidence on, what kind of evidence, and how it is presented, and even exclude evidence that would otherwise be admissible. In practice that means a judge will usually direct who files a statement, on what topics, how long it may be and by what date. For how to set one out, see our witness statement format guide; for answering the other side's statement point by point, see statement in response; and for the errors that cause most trouble, see common witness statement mistakes.
The position statement in more detail
Practice Direction 27A was replaced with effect from 2 March 2026. Paragraph 7.17 defines a position statement as any written submission by a party setting out their position on the issues at a particular hearing. Paragraph 7.18 lists what it should do. In summary, it should be concise and no longer than 3 pages; define and confine the issues for that hearing; use numbered paragraphs; cross-refer to pages in the bundle; stand on its own without borrowing from earlier position statements; avoid long quotations; add no new evidence and no exhibits; set out the orders or directions you want; and, where it applies, tell the court about negotiation and your views on non-court dispute resolution such as mediation.
Paragraph 7.13 adds that the front page should show, just below the heading, the date it was prepared and the date of the hearing it is for. Paragraph 7.20 says a position statement must be prepared for each hearing, and that it is not appropriate to reuse the last one with an "update" section added.
In children cases other than care proceedings, each party files their own position statement (para 7.8A). It does not have to be agreed with the other side. Our position statement guide sets out a structure, and common position statement mistakes goes through the 2026 rules one by one.
Timing: why they arrive at different moments
The two documents run on different clocks.
- Witness statements are normally filed by a date in a court order. A common pattern in a child arrangements case is that the first hearing identifies the issues and the order then sets dates for each parent's statement, sometimes with a later date for replies. If you do not file within the time the court sets, rule 22.10 says the witness may not be called to give oral evidence without the court's permission.
- Position statements are preliminary documents. The PD27A timetable (para 13.2) requires preliminary documents, if not already served and filed, to reach all parties and the court by 11am on the working day before the hearing. Working days leave out weekends and bank holidays, so for a Monday hearing that is usually the Friday before. Your order can set a different time, and the order takes priority.
Other preliminary documents you may hear about
Paragraph 7.10 of PD27A lists the preliminary documents in private family cases. Two are easily confused with a position statement:
- Skeleton argument. Paragraph 7.17 says a skeleton argument is a separate document setting out a party's arguments in support of their position. Litigants in person rarely need one unless the court asks or there is a point of law. If you cite a case in any document, paragraph 7.19 says you must first state the legal proposition it supports, then point to the relevant part.
- Case summary. A summary of the background relevant to the hearing, limited, if practicable, to 6 pages (paras 7.10(a) and 8.1). It is meant to be neutral background, not argument.
The bundle preparer also files a statement of issues (2 pages), a chronology where needed (10 pages) and a reading list (1 page). Our chronology guide covers keeping that document neutral.
A fictional example of the same fact in each document
This is a fictional example, not a real case. Suppose a handover did not happen on a Saturday in March.
In a witness statement: "12. On 8 March 2026 I waited at the agreed handover point outside the leisure centre from 10.00am until 10.45am. Nobody arrived. At 10.20am I sent a text asking if everything was all right. I did not get a reply that day."
In a position statement: "4. Handovers have not been consistent (see my statement at C14, paras 10 to 13). I ask the court to set fixed handover times and a named handover place, as in my proposed order at paragraph 9 below."
The first records what you saw and did. The second points the judge to that evidence by bundle page and asks for something.
When one document is not enough
Do not try to slip new facts into a position statement because a witness statement deadline has passed. Paragraph 7.18(g) says a position statement must not introduce new evidence. If something important has happened since your statement, the usual route is to ask the court for permission to file further evidence, with a short explanation of why it matters. Equally, a long witness statement full of requests to the judge does not replace a position statement: the judge needs to see quickly, on a few pages, what you are asking for at this hearing.
For the wider picture of the hearings and the paperwork around them, see representing yourself in family court.
Where EvidenceCanvas fits, and where it does not. EvidenceCanvas does not decide which document your hearing needs, does not check your court's order for you, and does not file or send anything. It can draft a witness statement or 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 a draft before you get it, drafts can be wrong, and you check every line before you sign anything.
Questions people ask
- Does a position statement need a statement of truth?
- Family Procedure Rules rule 17.2 lists the documents that must be verified by a statement of truth, and a witness statement is on it; a position statement is not, because it is a submission rather than evidence. If your court order asks for something different, follow the order.
- Can I attach documents to my position statement?
- No. Practice Direction 27A paragraph 7.18(h) says a position statement should not include any exhibits, and 7.18(g) says it should not introduce new evidence. Refer to documents already in the bundle by page number instead.
- Is a position statement evidence?
- No. Practice Direction 27A paragraph 7.17 calls it a written submission setting out your position on the issues at a particular hearing. The judge reads it to understand what you want from the hearing; your evidence is in your witness statement.
- Do I need a position statement for the first hearing?
- Practice Direction 27A applies to hearings with a bundle, and your court letter or order may say what it wants. Many parents find a short one useful at a first hearing so the judge knows their proposals; check your notice of hearing and any order.
- How long can a witness statement be?
- No more than 25 pages, excluding exhibits, unless the court directs otherwise (PD27A paragraph 8.1). The President's 2021 memorandum on witness statements says 15 pages is a general standard of best practice. Your order may set a shorter limit.
Checked on 23 October 2026: Practice Direction 27A (as in force from 2 March 2026, amended 24 March 2026; paras 7.8A, 7.10, 7.13, 7.17 to 7.20, 8.1, 13.2); FPR Part 22 (rules 22.1, 22.4, 22.6, 22.7, 22.10, 22.11); Practice Direction 22A; FPR Part 17 (rule 17.2); Practice Direction 17A (para 2.2); President's Memorandum: Witness Statements (10 November 2021); Preparing Court Bundles for Family Proceedings: Guide for Litigants in Person (2 March 2026; para 5.7). General information for England and Wales, not legal advice. Your court's directions take priority over this guide.