How to Get Police Evidence for Family Court: C2 Applications, Body-Worn Video and the 2026 Disclosure Protocol

Quick Answer: How Do I Get Police Evidence for Family Court?

If police records are needed in ongoing private children proceedings, the Family Court may need to make a disclosure order.

The Disclosure of Information between Family and Criminal Agencies and Jurisdictions Protocol provides the relevant framework.

For litigants in person, the protocol identifies an application using Form C2, asking the court to make an appropriate disclosure order based on the protocol’s Annex 5 template.

A useful request should identify:

• the relevant police force;
• the incident, allegation or investigation;
• the material sought;
• the relevant date range;
• why the material matters to the Family Court proceedings;
• when the evidence is needed;
• any confidentiality or safeguarding issues; and
• the proposed arrangements for disclosure, costs and handling the material.

Important 2026 update: The Judiciary revised the protocol’s annexes in September 2026. Use the current versions rather than an old police-disclosure template.

Read the official Judiciary protocol update →

1. Why Police Evidence Can Matter in Family Court

Family Court proceedings and criminal investigations serve different purposes.

A criminal investigation may consider whether there is sufficient evidence to justify criminal proceedings.

The Family Court may need to determine disputed facts, assess the risk of harm and decide what arrangements are in a child’s best interests.

Those questions are not interchangeable.

For example, a police investigation may conclude without a prosecution.

That does not necessarily determine whether particular behaviour occurred for the purposes of Family Court proceedings.

Equally, an allegation recorded by police does not automatically become an established fact merely because it appears in an official database.

The court needs to understand the evidential status of the information.

Police records may assist with questions such as:

• Was an incident reported at the time?
• What did the reporting person actually say?
• What did attending officers observe?
• Were injuries, damage or threats recorded?
• Did a witness provide an account?
• Was a domestic abuse risk assessment completed?
• Was a child present or identified as affected?
• Was body-worn video recorded?
• What investigative steps were taken?
• What was the outcome of the investigation?

Those questions may be relevant to allegations of domestic abuse, safeguarding concerns, disputed child-arrangements histories or an application for protective measures.

But the evidence must be connected to an actual issue before the Family Court.

The purpose is not to investigate every incident in a person’s history.

It is to identify the evidence necessary for a fair and welfare-focused decision.

2. What Police Records Can Be Requested?

The material potentially relevant to a Family Court case will depend on what happened and what records the police actually hold.

Possible categories include:

Not every category will exist in every case.

Nor is every category necessarily disclosable merely because a party asks for it.

The relevant question is:

What particular police material is capable of assisting the court to determine a live issue, and why is obtaining it necessary and proportionate?

3. What Changed in the Police Disclosure Protocol in September 2026?

The relevant framework is the Disclosure of Information between Family and Criminal Agencies and Jurisdictions Protocol.

The protocol originally took effect on 1 March 2024, replacing the earlier 2013 arrangements.

It applies to private and public family proceedings and to material held by the police.

On 15 September 2026, the Judiciary announced amendments following a review of how the protocol was operating.

The review concluded that the underlying protocol should remain in force, subject to revisions.

The main changes

• Annexes 1, 2 and 3 were amended, including updated references to handling instructions and the Law Enforcement Data Service (LEDS).
• Annex 4, the judicial checklist, was revised.
• Annex 5, the template order used in connection with police disclosure, was revised.
• The revised approach was intended to be clearer, more consistent and less cumbersome, including in private-law cases.
• The Judiciary also announced a Frequently Asked Questions document.

Earlier 2026 amendments to the Family Procedure Practice Directions also inserted express references to the protocol in important children-proceedings guidance, including Practice Directions 12B and 12J.

Why does this matter to a litigant in person?

Because an old template may no longer reflect the current approach.

For example, the original protocol materials contain wording about undertakings and earlier police database terminology.

The September 2026 amendments changed parts of that documentation.

Do not copy an old Annex 5 order from a previous case and assume it remains the correct template.

Use the 2024 protocol as amended in September 2026. The updated versions of the annexes are available through the Judiciary guidance. Check the current revised Annexes 4 and 5 before submitting a draft police disclosure order.

Use the current Judiciary materials and any applicable directions from the court.

Official Judiciary: September 2026 Protocol Amendments →

4. Police Subject Access Request or Family Court Disclosure Order?

These are different legal processes.

Confusing them can cause significant delay.

Route A: A police Subject Access Request

A Subject Access Request is a data-protection request for personal information.

Police information processed for law-enforcement purposes is generally governed by Part 3 of the Data Protection Act 2018 rather than the ordinary UK GDPR access regime.

A request may provide some personal information held about the applicant.

However, disclosure may be restricted where exemptions or other legal protections apply.

A SAR does not automatically entitle somebody to:

• another person’s complete police records;
• an unredacted investigation file;
• all witness statements;
• all police body-worn video;
• every 999-call recording connected with a dispute; or
• information which cannot lawfully be disclosed through that route.

Route B: Police disclosure for Family Court proceedings

This route concerns information or material needed for the Family Court to determine issues in proceedings.

The relevant court may consider a focused disclosure order under the applicable procedural framework.

The order should identify what is needed, why it matters and how disclosure is to take place.

Which route should you use?

The routes can sometimes operate alongside one another.

But they should not be treated as interchangeable.

Read JSH Law’s Complete Family Court Disclosure Guide →

5. How to Request Police Disclosure Using Form C2

The police/family disclosure protocol specifically identifies Form C2 as the procedural route for litigants in person seeking police disclosure in Family Court proceedings.

That does not mean a separate application is necessary in every case.

If a relevant hearing is already listed, the court may be able to consider a properly identified disclosure issue at that hearing.

Where a formal application is required, the following preparation steps are important.

Step 1: Read the latest court order

Check whether the court has already directed police disclosure.

Identify:

• the issue the court intends to determine;
• the next hearing date;
• the deadline for evidence;
• any existing police-disclosure direction; and
• who has been made responsible for obtaining the material.

Do not make a duplicate application without checking the existing directions.

Step 2: Identify the precise police material

Prepare a short list.

For example:

• police incident record for an identified date;
• relevant attending-officer notes;
• body-worn video from a specified attendance, if retained;
• the relevant emergency-call recording, if available;
• an identified witness statement; or
• a focused investigation summary.

If the incident or crime reference is known, record it accurately.

If it is unknown, identify the incident using other available information.

Step 3: Explain the relevance

This is the most important part.

Do not simply say:

“I need all police records because the other parent is lying.”

Instead, identify the factual question.

For example:

Step 4: Prepare the application

Where Form C2 is required, complete the current HMCTS form.

The application should identify the order sought and briefly explain why it is needed.

Under Family Procedure Rule 18.7, applications governed by Part 18 generally require a draft of the proposed order.

Official HMCTS Form C2 →

For help with the wider application process, see the JSH Law Form C2 guide.

Step 5: Use the current Annex 5 template

The police disclosure protocol provides a standard order framework.

The Judiciary revised Annex 5 in September 2026.

Use the current version and adapt the factual information to the issues in your case.

Do not assume that a generic disclosure direction drafted from memory will contain all the necessary arrangements.

Step 6: Address the practical arrangements

Depending on the current template and court directions, the application or proposed order may need to deal with:

• the relevant police force or disclosure unit;
• the information needed to identify the parties and incidents;
• the categories of material requested;
• the disclosure timetable;
• where the material should be provided;
• who is responsible for any applicable police costs;
• confidentiality and handling restrictions; and
• arrangements for access to digital or audio evidence.

These are not minor administrative details.

An order which does not identify the correct recipient or disclosure arrangements may be difficult to implement.

Step 7: File and serve in accordance with the rules

Follow the current filing procedure, applicable service requirements and the directions made in the proceedings.

Once a disclosure order has been made, ensure the arrangements for sending it to the police comply with the protocol and the order.

Keep proof of the steps taken.

Do not assume that the police have received an order simply because the Family Court has made it.

6. What Should a Police Disclosure Order Actually Identify?

A useful disclosure order should be sufficiently clear for the police to understand what is required.

It should also be sufficiently focused for the court to assess necessity and proportionality.

The following is a planning checklist, not a replacement for the official Annex 5.

Do not invent an obligation for the police to produce material which is not held or cannot lawfully be disclosed.

Where the availability or retention of material is uncertain, the court may need to consider how that issue should be addressed.

Need Police Evidence Before Your Family Court Hearing?

If the next hearing is approaching, you may need to identify the relevant police records, prepare a focused disclosure schedule and organise an application for the court to consider.

JSH Law provides defined-scope support with evidence mapping, C2 document preparation, draft directions, safeguarding chronologies and hearing preparation for litigants in person.

We cannot compel the police to disclose information or guarantee that the court will grant an application. The aim is to help you prepare a clear, properly structured request.

Not sure which police records you need or how they fit into your case? JSH Law can help you identify evidential gaps, build a disclosure schedule and organise relevant police material around the issues the Family Court must decide.

Learn more about our Family Court Evidence & Chronology Help, including defined-scope support for litigants in person.

Book a Consultation →

7. Body-Worn Video, 999 Calls and Digital Police Evidence

Digital evidence can be particularly important where the parties give different accounts of an incident.

But it needs careful handling.

Police body-worn video

Body-worn video may show part of an officer’s attendance.

Depending on what was recorded, it may contain:

• the condition of a property;
• what an officer observed;
• the presentation of a person at the scene;
• statements made during the attendance;
• visible damage or injuries; or
• the sequence of particular events.

However, the camera may not have been recording throughout the incident.

The recording may begin after an important event occurred.

The audio may be unclear.

People may speak outside the camera’s view.

And the recording may contain private information about children or other people.

A recording is evidence of what it captures. It is not automatically a complete account of everything that happened.

Emergency-call recordings

A 999 call may provide a contemporaneous account.

Its timing and content may be relevant.

But the court still needs to distinguish:

• what the caller personally experienced;
• what the caller believed;
• what somebody else told the caller; and
• what was independently verified.

Digital evidence handling

Audio and video material may require specific arrangements concerning access, copying, secure storage and onward disclosure.

The current protocol and annexes should be checked carefully.

Do not assume that receiving access to a police recording gives you unrestricted permission to:

• upload it to a public website;
• share it on social media;
• send it to unrelated third parties;
• place it in an external AI transcription service; or
• use it for a purpose outside the Family Court proceedings.

The terms of the court order, the protocol, data-protection requirements and the restrictions governing private proceedings may all be relevant.

8. The Police Took No Further Action. What Does That Mean in Family Court?

This is a recurring source of misunderstanding.

A police decision to take no further action may have several explanations.

The precise reason should not be guessed.

It may relate to the available evidence, the criminal investigation or the decision-making framework applicable to that investigation.

But a no-further-action outcome does not automatically establish that the reported behaviour never occurred.

Equally, it does not establish that the allegation was true.

Consider these statements:

Likewise:

“The police recorded an allegation” does not mean “the police established that the allegation happened”.

In Family Court proceedings, disputed facts are generally determined on the civil standard of proof, the balance of probabilities.

The court must consider the evidence and the relevance of any proposed finding to the child’s welfare and the issues it must determine.

That is why the underlying police material may sometimes matter more than a brief statement of the investigation’s outcome.

9. Police Disclosure, Domestic Abuse and Practice Direction 12J

Where domestic abuse is alleged or there is other reason to believe abuse may be relevant to child arrangements, Practice Direction 12J provides an important safeguarding framework.

It requires the court to consider the factual and welfare issues, the nature of the alleged abuse and whether disputed facts need to be determined.

Police material may be relevant to that exercise.

For example, it may assist with:

• an alleged assault;
• threatening communications;
• stalking or harassment;
• coercive or controlling behaviour;
• an incident witnessed by a child;
• an alleged breach of a protective order;
• a safeguarding referral; or
• the circumstances surrounding a disputed contact arrangement.

Do not reduce coercive control to isolated police incidents

Coercive control can involve a pattern of behaviour over time.

Not every significant act will have been reported to police.

Not every incident will have generated an identifiable criminal investigation.

And the absence of police records for part of a relationship does not necessarily establish that abuse did not occur.

The Family Court’s task is to consider the relevant evidence within the proper legal framework.

Police disclosure may provide important corroborative or contextual material.

It should not automatically become the only evidence considered.

Should there be a fact-finding hearing?

Not every disputed allegation requires a separate fact-finding hearing.

The court must consider whether determining the disputed facts is necessary and proportionate for the welfare decisions it needs to make.

Police evidence may assist the court in deciding what facts remain disputed and what further evidence is required.

But disclosure should be focused on the issues which genuinely need determination.

Read: Domestic Abuse Evidence in Family Court →

10. How Long Does Police Disclosure Take, and Who Pays?

There is no universal delivery period which can safely be promised for every private-law police disclosure request.

The time required may depend on:

• the police force;
• the material requested;
• whether the records can be identified readily;
• whether an investigation is ongoing;
• the need to review sensitive information;
• redaction or handling requirements;
• the amount of audio or video material; and
• the timetable ordered by the Family Court.

The protocol expects disclosure to be provided as soon as reasonably practicable.

However, an applicant should not assume that an order made shortly before a hearing will produce the material immediately.

What about police disclosure costs?

The protocol provides for arrangements concerning the reasonable costs of police disclosure.

For litigants in person, the original protocol expressly addresses responsibility for police costs when a disclosure order is sought.

The current order and protocol arrangements must be checked.

Do not assume that the only expense is the Family Court application fee.

Depending on the request, there may be separate police disclosure charges.

Where cost is an issue, raise it before asking for unnecessarily broad disclosure.

What if your fact-finding hearing is approaching?

Identify the deadline immediately.

If the relevant police evidence has not been obtained, consider whether the court needs to be informed and asked for appropriate directions.

Do not simply assume the hearing will be adjourned.

Equally, do not wait until the day before the hearing to explain that essential evidence is missing.

A focused application should explain:

• what material is outstanding;
• why it is material;
• what steps have already been taken;
• when the request was made;
• what response has been received; and
• what direction is now sought.

11. What If the Police Refuse Disclosure or Provide Redacted Records?

A refusal or restriction does not necessarily mean the police have acted improperly.

There may be legitimate legal or operational reasons for withholding particular material.

Possible issues include:

• an ongoing investigation;
• information about third parties;
• confidential sources;
• child safeguarding concerns;
• sensitive investigative material;
• the scope of the court order;
• material which is not held or has not been retained; or
• the need for further judicial directions.

The correct response depends on the reason given.

Ask what the problem actually is

For example:

Is the material unavailable?

That is different from the police holding it but declining disclosure.

Is the request too broad?

A narrower request may be appropriate.

Is the material sensitive?

The court may need to consider the appropriate handling arrangements.

Has the order been sent to the correct disclosure unit?

An administrative problem should not automatically be treated as a substantive refusal.

Does the order require clarification?

The court may need to determine whether further directions are justified.

Keep the correspondence and avoid describing an uncertain administrative position as deliberate obstruction without evidence.

12. How to Use Police Evidence Properly in Family Court

Obtaining a police document is only the beginning.

The next task is to identify what it actually establishes.

A useful method is to classify the information.

Build a police evidence schedule

For each important item, record:

1. the date;
2. the incident or reference number;
3. the document or recording;
4. the source;
5. the factual proposition it may support or contradict;
6. any limitation or uncertainty;
7. the issue in the proceedings to which it relates; and
8. the bundle reference, if the material is properly included.

This helps prevent a police file becoming another unstructured evidence archive.

Preserve the original material

Where electronic records or recordings are provided, keep the originals secure.

Do not alter the original files.

If a working extract or transcript is created, label it accurately and retain the source.

Where the court permits reliance on the material, comply with the applicable bundle and filing directions.

The objective is not to overwhelm the judge with police records. It is to identify the passages that matter and explain why.

13. AI, Police Transcripts and the Reliability of Digital Evidence

Artificial intelligence can help organise large volumes of information.

But police evidence creates particular risks.

An AI-generated summary of an incident report may omit a qualifying sentence.

An automated transcript may misidentify a speaker.

A model may treat an allegation as an established fact.

It may also confuse:

• a police officer’s observation;
• information provided by a caller;
• an allegation made by a witness;
• an investigative conclusion; and
• a finding made by a court.

These are materially different categories.

Can AI transcribe police audio?

Technically, AI transcription tools may be capable of producing working transcripts.

But whether a particular recording may lawfully be uploaded to a service is a separate question.

Police audio and video may contain:

• children’s personal information;
• medical information;
• domestic abuse disclosures;
• addresses and location data;
• information about witnesses;
• criminal investigation material; and
• other highly sensitive information.

Disclosure under a Family Court order does not necessarily authorise further disclosure to an external AI provider.

Check the order, protocol restrictions and data-handling arrangements before using any external tool.

A safer evidence-analysis method

Where lawful and appropriate, digital tools may help create:

• a document index;
• an incident chronology;
• a list of missing records;
• a disclosure tracker;
• a table of disputed factual propositions; or
• a schedule identifying relevant passages for human review.

But every material quotation and factual proposition must be checked against the original evidence.

14. The JSH Law Six-Question Police Evidence Check

Before requesting or relying on police evidence, apply six questions.

This is a practical preparation framework, not a substitute for the applicable legal tests.

Its purpose is to keep the analysis accurate, proportionate and focused on what the Family Court must decide.

15. Frequently Asked Questions

Can I get police records for my Family Court case?

Potentially. Where police material is relevant and necessary for the proceedings, the Family Court may consider an appropriate disclosure order under the current police/family disclosure framework.

Do I need Form C2?

The protocol identifies Form C2 as the route for litigants in person seeking police disclosure through a Family Court order. However, the procedural step required depends on the existing proceedings and court directions.

Can I request police body-worn video?

It may be possible to seek disclosure of identified footage where it exists and is relevant. Availability, retention, sensitivity and handling restrictions must be considered.

Can I obtain a 999-call recording?

Potentially, where the recording is held and the court considers its disclosure appropriate. The request should identify the relevant incident and explain why the recording is needed.

Does police no further action mean an allegation was false?

No. A no-further-action outcome does not automatically establish that the alleged conduct did not occur. The reason for the decision and the underlying evidence must be considered.

Can I ask for the other parent’s police records?

There is no automatic entitlement to another person’s complete police history. Any proposed disclosure must have a proper legal basis and be relevant, necessary and proportionate to the issues before the court.

Is a police Subject Access Request the same as Family Court disclosure?

No. A SAR concerns access to personal information under the applicable data-protection regime. Court-directed disclosure concerns evidence required for proceedings and may involve different material, restrictions and procedures.

What changed in September 2026?

The Judiciary revised several annexes to the 2024 disclosure protocol, including the judicial checklist and standard order template. The underlying protocol remains in force.

How long does police disclosure take?

There is no single guaranteed period for every private-law request. Timing depends on the material, the police force, applicable restrictions and the court’s directions.

Will the police charge for disclosure?

Costs may arise. The protocol addresses responsibility for reasonable police disclosure costs. The applicable arrangements should be checked before seeking a broad order.

Can I use police evidence to challenge a Cafcass report?

Potentially, where the material is relevant to a factual premise, omission or safeguarding assessment. The response should identify the precise discrepancy and explain its welfare significance.

Can I publish police evidence disclosed in Family Court?

Do not assume that you can. Court orders, confidentiality restrictions, data-protection requirements and the rules governing private family proceedings may restrict further disclosure.

Can JSH Law help prepare a police disclosure application?

JSH Law may provide privately funded, defined-scope assistance with identifying evidential gaps, organising the relevant records, preparing disclosure schedules, C2 document preparation, draft directions, safeguarding chronologies and hearing preparation.

Before You Contact JSH Law: What to Have Ready

You do not need to organise your entire case before making an enquiry. Start with the information needed to identify the immediate task:

Need Help Obtaining or Organising Police Evidence for Family Court?

If your case involves domestic abuse allegations, disputed police involvement, safeguarding concerns or an approaching fact-finding hearing, the immediate problem may be identifying which records the court actually needs.

You may not need somebody to take over the entire case.

You may need focused help preparing the next procedural step.

JSH Law provides practical, defined-scope litigation support to litigants in person in England and Wales.

Depending on the agreed scope, assistance can include:

• Police-record review and identifying disclosure gaps
• Evidence schedules, chronologies and disputed-allegation mapping
• Form C2 preparation and draft disclosure directions
• Supporting statements and safeguarding material
• Cafcass responses and fact-finding hearing preparation
• Bundle organisation and urgent document support

The objective is to identify the evidence, establish its proper status and make the relevant issue easier for the court to determine.

JSH Law does not guarantee disclosure, determine disputed allegations or conduct reserved legal activities.

Where formal regulated legal advice, representation or reserved advocacy is required, an appropriately authorised professional should be consulted.

Book a JSH Law Consultation →

Related JSH Law Guides

Official Sources and Legal Framework

This guide has been prepared by reference to the following primary sources:

• Courts and Tribunals Judiciary — September 2026 Amendments to the Police/Family Disclosure Protocol
• Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol — read alongside the September 2026 amendments.
• Family Procedure Rules — Official Updates — including 2026 amendments signposting the disclosure protocol.
• Family Procedure Rules Part 18 — applications in proceedings.
• Family Procedure Rules Part 21 — disclosure and inspection.
• Practice Direction 12J — domestic abuse, safeguarding and child arrangements.
• HMCTS Form C2 — applications in existing children proceedings.
• Data Protection Act 2018, Part 3 — law-enforcement processing.