Family court proceedings often involve deeply personal, emotional, and sensitive matters, such as divorce, financial remedies, child arrangements, domestic abuse, and care proceedings. A critical aspect of these cases is the presentation of evidence, particularly oral evidence given by witnesses, including the parties themselves.

Giving evidence in family court is a significant part of the legal process and can greatly affect the outcome of a case. It allows the judge to assess the credibility of the parties and other witnesses, understand the issues from different perspectives, and make findings of fact when disputes arise. Given the high stakes, it is important for those involved to understand not only what is expected of them but also how to approach giving evidence effectively, honestly, and respectfully.

This guide explores the key aspects of giving evidence in the family court, considering both private and public law cases, practical preparation, courtroom etiquette, and the potential challenges that may arise.

The nature of family proceedings

Family proceedings are typically heard in private, meaning that members of the public and media are not usually permitted to attend. This aims to protect the privacy of the parties, especially children, and to encourage honest and open disclosure.

In family law cases, evidence can be provided through various means:

  • Written statements (including witness statements and position statements)
  • Documentary evidence (financial documents, school reports, medical records, police reports)
  • Oral evidence (given in court under oath or affirmation)

While written evidence forms the backbone of the case, the giving of oral evidence is often crucial when there are disputed facts or allegations, or when the court needs to assess the credibility of individuals.

Understanding the role of evidence and witnesses

In family court proceedings, the evidence presented forms the backbone of judicial decisions, whether concerning child arrangements, domestic abuse injunctions, or financial arrangements. The court requires clarity, relevance, and credibility in the material submitted.

Oral vs. written evidence

  • At final hearings, evidence is usually delivered orally by witnesses; at interim hearings or pre-hearing stages, it may be submitted in writing via witness statements.
  • Witness statements must comply with Practice Direction 22A, and must be verified by astatement of truth.

Witness statement essentials

  • A witness statement sets out what factual events the author witnessed—what was seen, heard, or perceived—and why that matters to the judge’s decision.
  • It must be prepared carefully and include a statement of truth; omission of these formalities can result in the court rejecting the evidence.

Preparing your evidence

Timing and procedure

You typically receive notice from the court about when to prepare and submit your witness statement. Missing deadlines can result in your evidence being excluded unless the court allows otherwise. If additional evidence becomes relevant, you can request the court’s permission to submit further statements. This could happen, for example, if a partner breaches an order or an incident takes place that is relevant to the proceedings.

Content & structure

  • Your statement should stick to facts—not speculation, opinion, or emotion. Be clear, concise, and chronological.
  • If you include documents (e.g., messages, records), they must be clearly labelled, organised, and compliant with court-formatting requirements.

If you are representing yourself, you should follow available guidance: outline facts, specify the orders you seek, and explain why the evidence supports them.

Court directions & alternative evidence methods

Under Part 22 of the Family Procedure Rules, the court may issue directions regarding which issues require evidence, the nature of that evidence, its format, and order of presentation.

The court can exclude evidence it considers unnecessary or prejudicial.

Alternative evidence formats

The Evidence Act 2006 allows for evidence to be given through means such as video recordings, behind screens, or via live links, particularly useful for vulnerable witnesses.

Children as witnesses

Special protections exist for children giving evidence. Measures include allowing them to speak from separate rooms, avoiding direct questioning by allegedly abusive parties, and ensuring communication is age appropriate

Expert evidence

Expert witnesses provide opinion evidence in areas beyond the judge’s experience (e.g., child psychology, medical assessments) and must be qualified and independent. Often, the court will appoint a single joint expert. But if vital evidence requires further scrutiny, additional experts may be instructed.

As of March 2025, proposals are under consultation to ban unregulated experts in child-related family cases, unless exceptional reasons justify it. Experts must belong to regulated bodies (e.g., HCPC) or accredited registers.

Role of the witness or party giving evidence

A calm and collected approach is best when giving evidence in a family court. A witness is there to present their side of the story to the judge and lawyers present, so a case needs to be made clearly and coherently.

In family court, the witnesses may include:

  • The parties themselves (e.g., parents in child arrangement disputes or spouses in divorce financial cases)
  • Professionals (social workers, Cafcass officers, teachers, doctors, police officers)
  • Other lay witnesses (friends, relatives, neighbours)

Regardless of status, anyone giving evidence must be prepared to answer questions from both their own legal representative (examination-in-chief) and the other side (cross-examination). The judge may also ask questions directly.

Preparing to give evidence

Unless you are a very confident public speaker, you may find it helpful to make notes beforehand, to organise your thoughts and ensure you have a clear sense of everything you will need to cover in your evidence. These can be long and detailed or simple bullet points – choose the approach that feels most comfortable to you.

If you are likely to be questioned – or ‘cross-examined’ – by lawyers for the opposing side when you appear in court, it might be sensible to think through the likeliest questions beforehand and consider how you might respond. The best qualified person for this process is a solicitor, so ask yours for guidance if you have one.

Understanding your statement

It is essential that the witness:

  • Reviews their statement carefully before the hearing
  • Familiarises themselves with key details, dates, and events
  • Checks for accuracy and ensures they can explain or clarify points if questioned
  • Raises any concerns about errors or omissions with their solicitor or legal adviser beforehand

Considering the evidence bundle

In most family cases, there will be a court bundle containing all relevant documents. Witnesses may be referred to this during their evidence. Being familiar with the contents of the bundle can help avoid surprises and allow the witness to respond accurately to questions.

Preparing emotionally and mentally

Giving evidence in family court can be daunting and emotional, particularly when sensitive topics such as allegations of domestic abuse, neglect, or personal conduct are involved. It is advisable for witnesses to:

  • Seek support from their legal representative about what to expect
  • Practice answering questions calmly and clearly
  • Prepare emotionally by considering coping mechanisms (e.g., breathing techniques, having support available after the hearing)

Don’t worry, you don’t need to be an emotionless robot in the witness box. Judges and lawyers expect a human being, and a tear or catch in the throat is entirely understandable, particularly if you are discussing an emotive topic such as access to your children. But any emotion you may feel should not get in the way of presenting the facts of your case or presenting your evidence coherently and constructively.

Giving evidence in court

You will be called to the witness box (assuming this is a face-to-face hearing, not via video conference). Unless you are giving evidence on your own behalf, you will have been allocated a seat in the waiting room outside. Witnesses are not normally allowed to attend hearings that do not directly concern them. Generally, you will not have to wait too long – and certainly no more than a couple of hours.

The oath or affirmation

Once in the witness box, you will be asked to swear the traditional oath to tell “the truth, the whole truth and nothing but the truth”. This is an important ritual that conveys the solemnity of the occasion and the importance of honesty. Traditionally, this is done on the Bible, but you can also swear an oath on the holy book of another faith if you prefer. In addition, people who do not practice any religion can now simply “affirm” that their evidence will be truthful. Lying in court is a serious offence, and a case of perjury will be dealt with severely.

Examination-in-chief

This is the initial stage where the witness gives their evidence. In most cases, the written statement will stand as the witness’s evidence-in-chief, meaning they will simply confirm that the statement is true and correct. Rarely will the witness be asked to elaborate much at this stage unless there are updates or clarifications.

Cross-examination

Any cross-examination will follow your evidence, with counsel or solicitors for each side taking turns to ask you questions.

Cross-examination is where the other party’s legal representative (or the party themselves, if representing themselves) asks questions. This can be the most challenging part, as the purpose of cross-examination is to test the evidence, challenge inconsistencies, and put forward the other side’s case.

Key points for witnesses during cross-examination:

  • Listen carefully to each question before answering
  • Take time to consider your response—there is no need to rush
  • Answer the question that is asked, directly and honestly
  • If you do not know the answer or cannot recall, it is acceptable to say so
  • Do not argue with the questioner or become defensive
  • Remain calm, polite, and respectful at all times

Questions from the judge

The judge may also ask questions to clarify points or to ensure they have understood the evidence fully. Witnesses should answer these with the same care and honesty.

Re-examination

After cross-examination, the witness’s own representative may have the opportunity to ask follow-up questions. This is limited to clarifying matters arising from cross-examination.

Once the questions have been completed, you will be allowed to leave the witness box. Occasionally, you may be asked to remain on hand for supplementary questions if additional issues have come up.

Courtroom etiquette and practical tips

Addressing the court

When giving evidence:

  • Address the judge as “Sir” or “Madam,” or by their title if known (e.g., “Your Honour,” or “Judge”)
  • Address legal representatives formally (e.g., “Mr Smith,” “Ms Jones”)
  • Avoid making comments directly to the other party or witnesses unless instructed

Presentation and conduct

  • Dress appropriately for court (smart but comfortable clothing)
  • Switch off mobile phones and devices
  • Avoid any interruptions or gestures while others are giving evidence
  • Speak clearly and loudly enough to be heard, especially when the hearing is remote or hybrid
  • Resist any temptation you may feel to digress. Stick to the topic at hand and get to the point as quickly as you can. Courts are busy, and time is money.
  • It’s okay to be nervous. Be honest and say if you are; most lawyers and judges will take this into account.
  • If you are cross-examined, do not take such probing personally. No one is on trial in a family court. Testing evidence is an important part of court procedure: it allows judges to establish the facts and reach a fair verdict quickly.

Managing emotions

It is understandable that giving evidence in family court can evoke strong emotions, including anger, sadness, or frustration. However, maintaining composure is important, as the judge will observe demeanour and reactions carefully.

If you feel overwhelmed, it is acceptable to ask for a short break through your representative or the judge directly.

Special considerations and vulnerabilities

The court must assess if a party or witness is vulnerable (e.g., victims of domestic abuse, those with disabilities), and consider making participation directions to support their involvement and the quality of their evidence.

This may include simplifying language, using intermediaries, or providing breaks.

Communication intermediaries

For parties with communication difficulties (e.g., disabilities, learning needs), courts may arrange for a registered intermediary to assist in facilitating understanding and responses.

Support for neurodiverse parties

Advocates are advised to consider reasonable adjustments early on—these may reduce the need for formal intermediaries and support effective engagement.

Special measures

In cases where there are allegations of domestic abuse, or where a witness is particularly vulnerable (e.g., because of mental health issues, learning difficulties, or age), the court may grant special measures, such as:

  • Giving evidence from behind a screen
  • Using video links
  • Having a supporter present (though they cannot coach or assist with answers)

Such measures aim to ensure the witness can give their best evidence without undue distress or fear.

Cross-examination by the alleged abuser

Recent legislative changes (as reflected in the Domestic Abuse Act 2021) prohibit alleged perpetrators of abuse from cross-examining their alleged victims in person. Instead, the court must appoint a qualified legal representative to conduct cross-examination on their behalf, funded by the state if necessary.

Common mistakes to avoid

  • Over-preparing scripted answers: Witnesses should avoid rehearsing answers word for word. Over-rehearsed evidence can come across as inauthentic.
  • Becoming argumentative: Even if questions feel unfair or provocative, arguing with the questioner may undermine your credibility.
  • Exaggeration or omission: Stick to the facts as you know them; exaggeration or conveniently leaving out details can harm your credibility.
  • Speculating: Do not guess or speculate; stick to what you directly know or observed.

It is natural to feel nervous, but with good preparation, clear communication, and honest engagement, witnesses can contribute effectively to the judicial process.

Judges in family court understand the emotional complexities of these cases and are trained to listen carefully, assess credibility sensitively, and make decisions in the best interests of children and families.

Ultimately, the goal of giving evidence is to assist the court in finding the truth and making fair, informed decisions. By approaching the process with integrity, honesty, and respect, witnesses can fulfil their role effectively.