Technical Matter Guide
Evidence rules and 2026 bundle requirements checked 24 September 2026Preparing a Family Court witness statement: evidence, structure, exhibits, safeguarding and statements of truth
A witness statement should make the evidence easier for the court to understand. It is not a storage place for every complaint, message or historical disagreement. The starting point is the court's order: what issues require evidence, what you personally know about those issues, what information comes from other sources and which documents genuinely support the account you give.
What is a witness statement?
Family Procedure Rule 22.4 defines a witness statement as a written statement, signed by a person, containing the evidence that person would be permitted to give orally.
That definition is useful because it immediately separates evidence from argument.
A useful test for every paragraph
Ask:
What factual proposition am I giving evidence about?
How do I know it?
Why does it matter to a live issue?
Is there a document that supports or explains it?
If you cannot answer those questions, consider whether the paragraph needs to be there.
The court controls the evidence
Under FPR 22.1, the court can control:
- the issues on which evidence is required;
- the nature of the evidence required;
- the way that evidence is placed before the court;
- and, where appropriate, evidence that should be excluded or limited.
The court order therefore matters more than any generic statement template.
Evidence at final and interim hearings
Part 22 draws an important procedural distinction.
At a final hearing, facts requiring witness evidence are ordinarily proved by oral evidence. Where the witness has served a statement and is called, that statement ordinarily stands as their evidence-in-chief.
At hearings other than the final hearing, written evidence is generally the normal form unless the rules, a Practice Direction or the court provide otherwise.
What if a witness statement is filed late?
Where a statement intended for final hearing is not served within the time directed by the court, FPR 22.10 provides that the witness may not be called to give oral evidence without the court's permission.
A statement deadline is therefore not an informal target date.
How should a Family Court witness statement be structured?
PD22A says a statement should, where practicable, be in the maker's own words, written in the first person and divided into numbered paragraphs.
Chronological order is often useful, but good family statements may also use issue-based headings where that makes complex evidence clearer.
A practical private-law children structure
1. Identity and purpose
Who you are, your relationship to the child and why the statement has been filed.
2. Essential background
Only enough history to understand the present dispute.
3. Current arrangements
Where the child lives, current contact and other arrangements relevant to the application.
4. Evidence organised by live issue
The factual evidence relevant to each issue the court has directed you to address.
5. Safeguarding evidence
Where relevant, clear factual evidence concerning abuse, risk or protective factors.
6. Child impact
What you have personally observed and what relevant professionals or records show.
7. Current practical proposal
Where the court has directed proposals, explain what arrangement you say can operate and the facts supporting it.
8. Statement of truth
Use the current prescribed wording and sign and date the statement.
The first paragraphs
The opening should normally make the document immediately understandable.
For example, identify:
- your name;
- your status in the proceedings;
- your relationship to the child;
- the date or order pursuant to which the statement is filed;
- and the issues the statement addresses.
Use headings
Headings can make a long statement much easier to navigate.
Depending on the court's directions, headings might include:
- Background;
- Current Child Arrangements;
- Contact Since [date];
- Safeguarding Concerns;
- Response to Allegation 1;
- School and Health;
- Child's Presentation;
- Communication Between the Parents;
- My Proposal;
- and Conclusion.
One evidential point per paragraph
PD22A says each paragraph should, so far as possible, be confined to a distinct portion of the subject.
That makes the evidence easier to:
- cross-reference;
- respond to;
- question in oral evidence;
- refer to in submissions;
- and identify in a judgment.
Paragraph numbers matter
Compare:
“She talks about this somewhere around page 12.”
with:
“I respond to paragraph 47 of the mother's statement.”
Numbered paragraphs turn the statement into a document that can actually be used in court.
Formatting under the current rules
Check the case-specific order first. As a general working standard, the statement should be:
- clearly headed with the case details;
- dated;
- paginated;
- divided into numbered paragraphs;
- clearly legible;
- prepared on A4;
- and use accessible formatting.
PD27A provides that documents in paper bundles should, wherever possible, use a font of at least 12 point with 1.5 or double spacing. It specifically notes that Arial is generally regarded as more accessible for neurodiverse readers.
The 25-page limit
Under the 2026 PD27A regime, a witness statement or affidavit included in the bundle is ordinarily limited to 25 pages excluding exhibits, unless the court has specifically directed otherwise.
Distinguish what you know from what somebody else told you
This is a formal requirement of PD22A.
A statement must indicate:
- which matters are within the witness's own knowledge;
- which matters are based on information or belief;
- and the source of matters which are not within the witness's own knowledge.
| Type of evidence | How to present it accurately |
|---|---|
| Personal observation | “I attended the school on 12 September and spoke to the class teacher.” |
| Something another person told you | Identify who told you, when and, where material, the context. |
| Professional record | Identify the record rather than presenting the contents as though you personally witnessed the underlying event. |
| Child's words | State what you remember the child saying and the circumstances in which it was said. Avoid adding an interpretation as though it were part of the child's actual words. |
| Inference | Identify the underlying facts first and make clear where you are drawing an inference rather than describing something directly observed. |
Observation is stronger drafting than diagnosis
Instead of:
“The child was traumatised after contact.”
where you are not qualified to diagnose trauma, describe what you actually observed:
the child cried for a stated period, would not sleep alone, complained of a stomach ache, refused school the following morning, or said particular words.
If a professional has made a clinical or other assessment, identify that source separately.
Supporting documents
A witness statement should identify important supporting documents without becoming a duplicate document bundle.
Depending on the court's directions, relevant material may include:
- emails or messages;
- school records;
- medical records;
- police disclosure;
- social-care records;
- contact-centre records;
- photographs;
- letters;
- or other contemporaneous records.
Exhibits
PD22A provides formal rules for exhibits.
Documents relied upon as exhibits should remain separate from the witness statement and be properly identified.
Importantly, PD22A also says that court documents should not themselves be exhibited, because official court documents prove themselves.
Do not attach the entire case again
If an earlier order already appears in the court bundle, your statement can refer to the order and relevant paragraph.
It does not need to be attached again simply to make the statement look evidenced.
Messages and screenshots
Screenshots can be powerful evidence and terrible evidence at the same time.
Consider:
- who sent the communication;
- who received it;
- the date and time;
- whether surrounding context changes its meaning;
- whether the screenshot is complete;
- whether the sender is identifiable;
- and whether it actually proves the factual proposition relied upon.
Hearsay
Family proceedings have specific rules concerning hearsay evidence.
Second-hand evidence is not automatically excluded simply because you did not personally witness the event, but the source must be identified and the applicable procedural rules may require notice, particularly where hearsay is relied upon at final hearing and the original witness is not being called.
Domestic abuse, coercive control and safeguarding evidence
Statements involving domestic abuse require particular care.
PD12J provides that where fact-finding is necessary, the court may direct written statements giving details of alleged abusive behaviour and the responding account.
The evidence should be sufficiently specific to permit a fair response while also allowing an alleged pattern of coercive or controlling behaviour to be understood as a pattern rather than artificially fragmented into unrelated events.
Pattern + examples + effect
Where coercive control is alleged, a useful structure can be:
nature of the alleged pattern → period → specific examples → evidence → effect on autonomy / parenting / child → post-separation continuation where relevant.
That is usually more useful than applying a label repeatedly without explaining the conduct relied upon.
Do not invent precision
A witness may not remember the exact date of every incident, particularly where behaviour occurred repeatedly over a long relationship.
If an exact date is not honestly known, do not create one.
Explain the best information available, for example by reference to:
- a month or approximate period;
- a pregnancy;
- a child's age;
- a house move;
- a school term;
- a birthday or holiday;
- or another reliable chronological anchor.
Separate allegation from finding
Use accurate procedural language.
| Status | Accurate description |
|---|---|
| Your allegation | A factual account you ask the court to determine. |
| Other party's allegation | An allegation unless admitted or judicially determined. |
| Admission | A factual proposition accepted by the relevant party. |
| Finding | A factual determination already made by the court. |
| Professional assessment | A professional opinion or risk assessment, not automatically a judicial finding. |
Explain child impact carefully
PD12J requires the court to consider the effect of domestic abuse on the child and on parenting.
Relevant evidence may therefore include:
- what the child saw or heard;
- changes in behaviour personally observed;
- school presentation;
- sleep or health changes;
- fear around transitions;
- the effect on the abused parent's parenting capacity;
- control exercised through child arrangements;
- and relevant post-separation behaviour.
Responding to allegations
A response should normally address the factual proposition rather than simply attacking the character or motives of the person making it.
A forensic response structure
ALLEGATION — what exactly is said?
POSITION — admit, partly admit, deny or provide different context.
ACCOUNT — what do you say happened?
EVIDENCE — what supports that account?
MATERIALITY — if relevant, why does the factual dispute matter to the welfare decision?
Statement of truth: the witness must be able to stand behind the document
A witness statement must be verified by a statement of truth.
The current prescribed form appears in Practice Direction 17A and Practice Direction 22A. Use the prescribed wording rather than improvising your own abbreviated version.
Before signing, ask four questions
Is it factually accurate?
Is it genuinely my evidence?
Have sources been identified where I do not have personal knowledge?
Is there anything in this document I cannot honestly adopt if a judge asks me about it?
The witness signs
Under FPR 17.2, the maker of a witness statement signs the statement of truth.
That remains important where somebody else has helped with drafting.
False statements
FPR 17.6 provides that contempt proceedings may be brought where someone makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
The warning is one reason to avoid:
- guessing dates;
- overstating what a document proves;
- presenting suspicion as fact;
- adopting wording you do not understand;
- or allowing somebody else to turn your evidence into assertions you cannot personally support.
What if the witness cannot read or sign the statement?
PD22A contains a specific procedure for a witness who is unable to read or sign their witness statement.
An authorised person must certify, amongst other things, that the statement and statement of truth were read to the witness, that the witness appeared to understand them and approved the statement's contents as accurate.
Foreign-language statements
PD22A also makes provision where a statement is in a foreign language. The party relying upon it must comply with the translation requirements and the translator must certify the accuracy of the translation.
Alterations after signing
Be careful with last-minute edits.
PD22A contains formal requirements concerning alterations to witness statements. If substantive corrections are needed after signing or service, deal with them transparently and in accordance with the court's directions rather than quietly changing the filed version.
The JSH Law statement audit
Before filing, read the statement once as the writer and once as the judge.
The second reading is usually the more important one.
The seven-layer statement audit
1. SCOPE
Does it answer the statement direction and the issues the court must decide?
2. SOURCE
Is it clear what I personally know and what comes from another source?
3. EVIDENCE
Can the important factual assertions be connected to the supporting evidence?
4. RELEVANCE
Does each significant section help determine a live factual or welfare issue?
5. PROPORTION
Have repetition, unnecessary history and document dumping been removed?
6. ACCURACY
Are allegations, admissions, findings, professional opinions and personal observations correctly distinguished?
7. TRUTH
Can I honestly sign and adopt every factual statement in this document?
Evidence-led wording
| Less useful wording | More evidential approach |
|---|---|
| “He is controlling.” | Describe the conduct relied upon, relevant examples, period and effect. |
| “She constantly breaches the order.” | Identify the operative provision, dates of alleged non-compliance and what occurred on each relevant occasion. |
| “Cafcass lied.” | Identify the specific factual statement said to be inaccurate and the material showing the discrepancy. |
| “The child is alienated.” | Describe the child's behaviour, statements, contact pattern, relevant professional evidence and chronology without assuming a disputed causal label has been established. |
| “I have loads of proof.” | Identify the particular document and the factual proposition it supports. |
| “Everyone knows he is dangerous.” | Identify the direct evidence, findings, admissions, professional risk assessment or other source actually relied upon. |
Final 30-point checklist
1. What order requires this statement?
2. What is the filing deadline?
3. What is the service deadline?
4. Is there a court-imposed page limit?
5. What issues must the statement address?
6. Have I avoided unnecessary relationship history?
7. Is the statement in the first person?
8. Does it use my own evidence and words?
9. Are the paragraphs numbered?
10. Are useful headings included?
11. Is each paragraph focused on a distinct point?
12. Have I identified what is within my personal knowledge?
13. Have I identified the source of second-hand information?
14. Have I separated allegations from findings?
15. Have I separated professional opinion from judicial fact?
16. Are dates accurate or honestly identified as approximate?
17. Have I avoided unsupported diagnoses and labels?
18. If I quote a child, am I confident about the words and context?
19. Is any domestic-abuse pattern explained rather than merely labelled?
20. Have I explained relevant child impact?
21. Does each major document reference help prove something material?
22. Have I avoided exhibiting court documents unnecessarily?
23. Have I avoided dumping complete message histories into the evidence?
24. Is confidential address information protected where required?
25. Is the statement within the applicable page limit?
26. Have I removed duplicated points?
27. Have I removed legal argument better placed in submissions?
28. Is the current prescribed statement of truth included?
29. Have I personally read and approved the final version?
30. Could I answer questions about every paragraph if called to give oral evidence?
Primary sources and official guidance
- Family Procedure Rules — Part 22: Evidence — court control of evidence, witness statements, service, oral evidence and consequences of late statements.
- Practice Direction 22A — Written Evidence — format, first-person drafting, source of information, numbered paragraphs, exhibits and statements of truth.
- Family Procedure Rules — Part 17: Statements of Truth — verification of witness statements and consequences of false statements.
- Practice Direction 17A — Statements of Truth — current prescribed wording and signing requirements.
- Family Procedure Rules — Part 23: Miscellaneous Rules About Evidence — hearsay, photographs and other evidential material.
- Practice Direction 27A — Family Proceedings: Court Bundles — current 2026 page limits, bundle content and the distinction between witness statements and position statements.
- Family Procedure Rules — Part 29 — protection of specified home addresses and contact information under rule 29.1.
- Practice Direction 12J — Domestic Abuse & Harm — statements concerning domestic abuse, coercive and controlling behaviour, factual disputes and child impact.
- Children Act 1989 — section 1 — the welfare framework relevant to evidence in contested children proceedings.
Statement deadline approaching and your evidence is spread across hundreds of pages?
JSH Law can help you turn a large case history into a structured witness statement focused on the issues the court actually needs to decide.
Support can include identifying the statement direction, building an evidence matrix, organising chronology, separating allegations from findings, cross-referencing documents, structuring domestic-abuse or safeguarding evidence and reducing duplication.
We can help draft and organise the document from your instructions and evidence, but the statement remains your evidence. You must read it, make any necessary corrections, approve it and sign the statement of truth yourself.
Start with the latest sealed order, any statement direction, your existing chronology, the other party's relevant statement and the documents you believe support the important factual issues.
Book a Free 15-Minute Consultation
© 2026 JSH Law Ltd. All rights reserved.
© 2026 JSH Law Ltd. All rights reserved.
© 2026 JSH Law Ltd. All rights reserved.
