Witness Statement for Family Court: A Plain-English Guide

A witness statement is a written document containing evidence that a person may rely on in family court proceedings.

For someone representing themselves, the idea can sound intimidating. In simple terms, it is usually your opportunity to set out relevant facts in writing, in your own words, in a structured way.

A witness statement is not simply a letter to the judge. It is evidence, and there are rules governing how it should be prepared and used.

What is a witness statement?

A witness statement is the written version of evidence that a witness may give to the court.

The Family Procedure Rules provide for witness statements as part of the evidence used in family proceedings, and Practice Direction 22A contains requirements concerning their format and contents. (GOV.UK Justice)

The statement should normally be written in the first person, meaning that it describes what the person making the statement knows or says from their own perspective.

For example:

“I collected my daughter from school on Monday.”

rather than:

“The applicant collected the child from school.”

The first version sounds like a person giving evidence rather than someone writing a report about themselves.

What should go into it?

The contents depend on what the court has directed and what issues need to be determined.

Generally, a useful witness statement should focus on facts that are relevant to those issues.

This might include:

• important events;
• arrangements for a child;
• conversations or communications that are relevant;
• matters personally witnessed;
• responses to important allegations; and
• other facts that the court needs to understand.

A statement does not need to contain every detail of your relationship or every disagreement you have ever had.

The aim is to help the court understand the facts that matter to the issues it has to decide.

Write in your own words

Practice Direction 22A says that, where practicable, a witness statement should be in the maker's own words and expressed in the first person. It should also distinguish between matters within the maker's own knowledge and matters based on information or belief, identifying the source of the latter. (GOV.UK Justice)

This is important.

If you personally saw something happen, say that.

If someone else told you something happened, make clear that you are reporting what you were told rather than presenting it as something you personally witnessed.

That distinction can become particularly important where facts are disputed.

Keep it organised

Family court statements can contain difficult and emotional material. Structure can make them much easier to follow.

Practice Direction 22A says that it is usually convenient to follow a chronological sequence and that each paragraph should, as far as possible, deal with a distinct part of the subject. It also requires numbered paragraphs. (GOV.UK Justice)

A straightforward structure might therefore move through events in date order, while grouping related issues where appropriate.

Shorter paragraphs are generally easier to read than large blocks of text.

What about documents and screenshots?

You may have documents that support what you say, such as messages, emails, photographs or other records.

How these should be provided depends on the directions in your case.

Documents referred to in a witness statement may need to be formally exhibited or included in a court bundle. Practice Direction 22A contains provisions dealing with exhibits and how documents referred to in witness statements are identified. (GOV.UK Justice)

Do not assume that attaching hundreds of screenshots automatically makes a statement stronger. The court needs to be able to identify what the documents are and why they matter.

Does a witness statement need a statement of truth?

Generally, a witness statement used as evidence must be verified by a statement of truth.

The Family Procedure Rules and Practice Direction 22A set out requirements concerning statements of truth. The prescribed wording warns that proceedings for contempt of court can be brought against someone who makes, or causes to be made, a false statement without an honest belief in its truth. (GOV.UK Justice)

This is one reason a witness statement should be treated seriously.

You should not include something simply because you think it will make your case sound stronger if you do not honestly believe it to be true.

What should you leave out?

A witness statement should normally concentrate on evidence rather than becoming an extended argument with the other party.

For example, instead of repeatedly describing someone as “a terrible parent”, it is generally more useful to explain the specific facts that you say support your position.

The court can then consider the evidence.

Avoid unnecessary insults, speculation and long explanations of matters that have no connection to the issues the court needs to decide.

How long should it be?

There is no single universal length that applies to every family court witness statement.

The court may give directions about the length or format of evidence, and particular types of proceedings can have additional requirements.

If the court has imposed a page limit or other restriction, that direction matters.

Longer does not automatically mean better. A clear statement containing the relevant evidence is usually more useful than a very long document containing repetition and unrelated history.

What happens to the statement at the hearing?

At a final hearing, witness statements may normally stand as the witness's evidence-in-chief, subject to the applicable rules and any directions made by the court. (GOV.UK Justice)

The court may also direct witnesses to attend and answer questions.

The precise procedure depends on the type and stage of the proceedings.

A witness statement is therefore not simply a personal account that sits in the court file. It can form part of the evidence the court considers when deciding disputed issues.

The basic principle

A good starting point is to think of a witness statement as your evidence, organised clearly for the court.

Focus on relevant facts, write in your own words, distinguish personal knowledge from information received from others, identify supporting documents where appropriate and follow any directions made in your case.

Most importantly, remember that a witness statement is evidence. Accuracy matters more than making the document sound impressive.