Family Court Position Statement: Preparation Guide

The useful starting point is not the volume of paperwork. It is the decision or issue, the evidence relevant to it, the chronology and the next decision-making stage.

Preparing a family case

Start with the current order, application or report and identify the decisions the court is being asked to make.

Separate allegations from findings and identify the evidence relevant to each disputed issue.

Keep the welfare issues central and make the outcome sought clear, realistic and connected to the evidence.

1. Identify exactly what is being challenged

Keep the original decision, order, report, notice or correspondence. Record its date, the decision-maker, the reasons given, every relevant deadline and the precise outcome you want.

2. Build an evidence-linked chronology

Create a dated sequence of material events and link each important event to its source document.

3. Separate evidence, allegation and inference

Mark what is proved by a contemporaneous record, what is alleged and what is an inference, opinion or disputed conclusion.

Questions to ask before proceeding

What is the exact decision? What deadline applies? Which facts are genuinely disputed? What documents prove the important facts? What framework governs the decision? What outcome are you asking for? What has already been tried?

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