Family Court
In family court cases involving children, the quality and organisation of your evidence can strongly affect the outcome.
Courts focus on:
The child’s welfare
Credibility
Reliability
Safety
Evidence over emotion
The main law is the Children Act 1989, and family procedure rules are governed by the Family Procedure Rules 2010.
Important – Evidence Is More Than Paperwork
“Evidence over emotion” does not mean that a parent's or child's account is irrelevant.
Oral testimony, witness statements, safeguarding disclosures, professional observations and documents can all amount to evidence.
The court's job is to decide:
- what evidence is relevant
- what evidence is reliable
- what weight should be given to it
- what facts are proved
- what outcome best protects the child's welfare
Independent documentary evidence can be particularly helpful, but a document is not automatically correct simply because it was created by an organisation or professional.
Official Family Court Evidence Rules
The main procedural rules relevant to evidence include:
Practice Direction 22A
Written evidence, witness statements, affidavits and exhibits.
Practice Direction 22AFamily Procedure Rules Part 23
Hearsay, photographs, plans and miscellaneous evidence rules.
FPR Part 231 What Counts as Evidence in Family Court?
Evidence is anything used to prove or disprove facts.
Common forms include:
- Text messages
- WhatsApp messages
- Emails
- Photos
- Videos/audio recordings
- Police reports
- Medical records
- School reports
- Witness statements
- Social services records
- Financial records
- Contact logs
- Diaries/journals
- CCTV
- Call logs
- Court orders
- Cafcass reports
Official family court procedure rules:
Family Procedure Rules 2010The Court Controls Evidence
The Family Procedure Rules give the court powers to control evidence.
The court can decide:
- which factual issues require evidence
- what evidence is needed
- how evidence will be presented
- whether evidence should be excluded
- whether witnesses need to attend
Therefore simply possessing a document, recording or screenshot does not automatically mean it will be admitted or relied upon.
2 The Standard of Proof
Family courts usually use:
This means:
Is it more likely than not that something happened?
This is lower than criminal court’s:
“Beyond reasonable doubt”
So evidence does not need to prove something absolutely — only that it is more likely true than false.
Only One Civil Standard of Proof
Family courts use the balance of probabilities when determining disputed facts.
In practical terms, the court asks whether the event was more likely than not to have occurred.
3 Best Types of Evidence
Strong Evidence
Courts usually give significant weight to:
- Independent evidence
- Contemporaneous records (made at the time)
- Police/social worker reports
- Medical records
- Neutral third-party evidence
- School attendance records
- Clear communications
Weaker Evidence
Courts may give less weight to:
- Hearsay
- Unsupported accusations
- Edited screenshots
- Emotional allegations without proof
- Evidence gathered maliciously
Hearsay Is Not Automatically Excluded
Family proceedings have specific rules dealing with hearsay.
The fact that evidence is hearsay may affect the weight the court gives it, but does not automatically mean the judge must ignore it.
Family Procedure Rules Part 234 Text Messages & WhatsApp Evidence
Messages are commonly used in family court.
Useful evidence includes:
- Threats
- Admission of behaviour
- Refusal of contact
- Harassment
- Parenting arrangements
- Financial discussions
Important
Do not:
- Edit messages
- Crop misleadingly
- Delete context
Courts dislike manipulated evidence.
Best practice:
- Export conversations
- Keep dates visible
- Use chronological order
Preserve the Original
- Keep the original phone or account data
- Keep the complete conversation
- Retain dates and timestamps
- Retain sender information
- Do not alter the underlying file
- Keep a backup
Do Not Put Every Message Into the Hearing Bundle
Practice Direction 27A requires hearing bundles to contain documents actually needed for that hearing.
Emails, text messages, WhatsApp messages and social-media communications should not automatically be included simply because they exist.
Practice Direction 27A5 Audio Recordings
In England & Wales, you can often legally record conversations you are part of.
Family courts sometimes allow recordings if relevant.
However:
- Secret recordings involving children can backfire
- Excessive recording may be viewed negatively
- Editing recordings can damage credibility
Courts focus on:
- Relevance
- Authenticity
- Welfare impact
Official Family Justice Council Guidance
The Family Justice Council has published dedicated guidance on covert recordings in family proceedings involving children.
Family Justice Council – Covert RecordingsSecretly Recording Children Is Particularly Risky
Avoid:
- hiding recording devices in children's clothes or bags
- repeatedly questioning a child while recording
- recording private calls between a child and another parent
- using a child to gather evidence
Never Secretly Record the Court Hearing
Family Procedure Rule 27.9 prohibits unofficial recording of Family Court proceedings without permission.
Unauthorised recording can amount to contempt of court.
Family Procedure Rule 27.96 Social Media Evidence
Facebook, Instagram, TikTok, Snapchat and other platforms are frequently used as evidence.
Examples:
- Abuse/threats
- Contradictory claims
- Substance misuse
- Parenting behaviour
- Breaches of court orders
Take:
- Screenshots
- URLs
- Dates/timestamps
Preserve Context
- Keep the account name
- Keep the full post
- Keep date and time information
- Save the URL
- Keep surrounding comments where relevant
Do Not Publish Family Court Evidence Online
Family proceedings involving children have important privacy and publication restrictions.
GOV.UK – Family Court Transparency & Reporting7 Witness Statements
A witness statement is one of the most important documents.
It should include:
- Facts
- Dates
- Events
- Evidence references
- Clear chronology
Avoid:
- Insults
- Rants
- Legal arguments
- Excessive emotion
Good statements are:
- Calm
- Structured
- Specific
- Evidence-based
Important Correction
Practice Direction 22A is the main detailed practice direction governing the format and content of Family Court witness statements.
Practice Direction 17A relates specifically to statements of truth.
What PD22A Requires
- the witness's own words where practicable
- first-person writing
- numbered paragraphs
- personal knowledge identified
- information or belief identified
- sources identified
- exhibits clearly referenced
- a statement of truth
8 The Importance of Chronology
Judges value timelines heavily.
A chronology should include:
| Date | Event | Evidence |
|---|---|---|
| 12 Jan 2026 | Missed contact | WhatsApp screenshot |
| 15 Jan 2026 | Police called | CAD reference |
| 20 Jan 2026 | School incident | School email |
Chronologies help judges understand patterns quickly.
2026 Bundle Rules
Where required, a chronology should be short, clear and cross-reference the relevant evidence or bundle page.
Unless the court orders otherwise, PD27A normally limits a chronology included in the hearing bundle to 10 pages.
9 Cafcass Evidence
Children and Family Court Advisory and Support Service (Cafcass) officers investigate children cases.
They may:
- Interview parents
- Speak to children
- Review police checks
- Contact schools/social services
Their reports carry major weight in court.
Official site:
CafcassCafcass Recommendations Are Not the Final Decision
A Cafcass report is important evidence and advice to the court.
The judge or magistrates make the final decision.
If you disagree with a report, focus on:
- specific factual errors
- missing evidence
- evidence contradicting a conclusion
- why the issue affects the welfare assessment
10 Police Evidence
Relevant evidence may include:
- Crime reference numbers
- Domestic abuse reports
- Bail conditions
- Statements
- Convictions
- Police callouts
Even if no criminal conviction exists, family courts can still consider allegations under the balance of probabilities standard.
No Prosecution Does Not Automatically Decide the Family Case
A police decision not to charge or prosecute does not necessarily prove that an alleged event did not occur.
Equally, a police report or crime reference does not automatically prove the allegation.
11 Medical Evidence
Courts often consider:
- GP records
- Mental health records
- Injury photographs
- Hospital notes
- Therapy records
- Drug/alcohol treatment evidence
Medical evidence is usually stronger when:
- Dated close to events
- Professionally recorded
- Independent
A Medical Record Is Not Automatically Proof of Causation
A medical note may establish that somebody attended, an injury was observed or symptoms were reported.
A clinician recording what somebody told them does not necessarily mean the clinician independently witnessed the underlying event.
12 School Evidence
Schools can provide:
- Attendance records
- Behaviour reports
- Safeguarding concerns
- Teacher observations
- Emails
Courts often see schools as relatively neutral sources.
Look at What the School Actually Knows
School evidence can be useful where it records:
- attendance
- behaviour changes
- pastoral concerns
- safeguarding referrals
- communications with parents
Separate direct observations made by school staff from information another person simply reported to the school.
13 Domestic Abuse Evidence
Evidence may include:
- Police incidents
- Injuries/photos
- Refuge records
- Witnesses
- Threatening communications
- Medical notes
- MARAC involvement
- Non-molestation orders
Family courts follow:
Practice Direction 12J
Practice Direction 12JThe Court Can Order Third-Party Evidence
Relevant records can potentially include material from:
- Police
- Health services
- Domestic abuse support services
- Local authorities
14 False Allegations
Courts take false allegations seriously.
Judges may look at:
- Inconsistencies
- Missing evidence
- Motive
- Contradictions
- Behaviour patterns
If allegations appear fabricated, it can damage credibility significantly.
Unproven Does Not Automatically Mean False
There is an important distinction between:
- an allegation the court finds proved
- an allegation the court finds false
- an allegation that was simply not proved
A lack of sufficient evidence does not necessarily establish that somebody deliberately fabricated an allegation.
15 How to Organise Evidence Properly
Best Practice Bundle Structure
Section A – Applications/Orders
- Court orders
- Applications
Section B – Statements
- Witness statements
- Position statements
Section C – Communications
- Texts
- Emails
Section D – Professional Evidence
- Police
- Medical
- School
- Cafcass
Section E – Photos/Other Evidence
- Images
- Logs
- Diaries
This Is a Working File – Not Automatically the Court Bundle
Your personal evidence file can contain material you need to preserve.
The actual hearing bundle must comply with Practice Direction 27A.
Official 2026 Family Court Bundle Rules
A revised Practice Direction 27A came into force on 2 March 2026.
The hearing bundle should contain documents actually required for the particular hearing.
Do Not Automatically Dump Raw Evidence Into the Bundle
Unless required, the hearing bundle should not simply contain every:
- Text message
- WhatsApp message
- Social media message
- Voice note
- Recording
- Contact note
- Social services record
- Photograph
Electronic Bundle Requirements
E-bundles should generally:
- be PDF format
- be searchable
- use bookmarks
- have computer-generated page numbers
- use OCR for scanned typed documents where required
- have pages in the correct orientation
- normally remain within 350 pages
Current Bundle Timetable
- 7 working days before the hearing: parties should seek to agree bundle contents
- 5 working days before: the main bundle should normally be filed and served
- 11am on the working day before: outstanding preliminary documents
Your individual court order takes priority where it gives different directions.
16 What Judges Dislike
Judges often react negatively to:
- Massive irrelevant evidence dumps
- Personal attacks
- Name-calling
- Excessive emotional language
- Social media campaigns
- Coaching children
- Manipulated screenshots
- Repeated allegations without evidence
Credibility matters enormously.
A Better Approach
For each item of evidence ask:
- What fact does this prove?
- Is the fact actually disputed?
- Does the court need to decide it?
- How does it affect the child's welfare?
- Is there a more reliable source?
17 Position Statements
A position statement is a short summary before hearings.
It should cover:
- What orders you seek
- Key concerns
- Main evidence
- Proposed outcome
Usually:
- 1–3 pages
- Concise
- Neutral tone
Current PD27A Rule
In non-financial proceedings a position statement should normally:
- not exceed 3 pages
- use numbered paragraphs
- identify issues for the hearing
- identify the orders sought
- cross-reference relevant evidence
- not introduce new evidence
- not contain exhibits
18 McKenzie Friends
A litigant in person may use a:
McKenzie Friend
They can:
- Take notes
- Organise papers
- Quietly advise
They usually cannot:
- Speak for you
- Act as a lawyer
19 Evidence About Contact Denial
Useful evidence includes:
- Missed contact logs
- Refusal messages
- Calendar records
- Travel receipts
- Communication attempts
- Witness evidence
Patterns matter more than isolated incidents.
Example Contact Log
| Date | Ordered / Agreed Arrangement | What Happened | Evidence |
|---|---|---|---|
| 14 Feb 2026 | Collection 4pm | Contact did not take place | Message DM1 |
| 28 Feb 2026 | Video call 6pm | No call facilitated | Call log DM2 |
Keep entries factual.
20 Child Evidence
Children rarely directly testify in family court.
Instead:
- Cafcass may speak to them
- Wishes/feelings may be reported
- Age and maturity matter
Courts try to protect children from direct conflict.
Do Not Turn a Child Into an Evidence-Gatherer
Avoid:
- repeated questioning
- leading questions
- asking a child to monitor another parent
- asking a child to secretly record another household
- asking them to collect messages or photographs
If a child makes an important spontaneous disclosure, record the child's words as accurately as possible and seek appropriate safeguarding support where necessary.
21 Electronic Evidence Tips
Preserve Everything
- Backup messages
- Save PDFs
- Keep originals
Use PDFs
Courts prefer:
- Paginated
- Organised
- Searchable documents
Label Clearly
Example:
- “Exhibit DM1”
- “Screenshot 14 Feb 2026”
Digital Authenticity Matters
Preserve:
- Original files
- File names
- Timestamps
- Metadata where available
- Complete recordings
- The device or account source
AI and Edited Media
If software or AI is used to:
- enhance audio
- remove noise
- crop video
- generate a transcript
Keep the untouched original and explain what processing was done.
22 Without Prejudice Messages
Messages marked:
are usually protected from being shown to the judge if they are genuine settlement discussions.
However there are exceptions.
The Label Alone Does Not Create Privilege
Simply writing “Without Prejudice” on an ordinary message does not automatically make it protected.
Whether protection applies depends on the nature and purpose of the communication.
23 Evidence in Emergency Applications
Emergency applications often require:
- Immediate risk evidence
- Police involvement
- Injuries
- Threats
- Urgency proof
Courts may act quickly if harm risk is credible.
Explain Why the Court Must Act Now
- What order do you need?
- What is the immediate risk?
- When did the risk arise?
- What evidence supports it?
- What could happen if the court waits?
24 Perjury & Dishonesty
Lying in witness statements can have serious consequences.
Statements include:
“Statement of Truth”
Knowingly false evidence may:
- Damage your case
- Lead to costs consequences
- Affect future hearings
False Statements Can Lead to Contempt Proceedings
A person who signs a statement of truth without an honest belief in the truth of what they are saying can face serious consequences.
PD22A – Statements & EvidencePerjury and Contempt Are Not Exactly the Same
Perjury is a specific criminal offence concerning false evidence given on oath in relevant circumstances.
A knowingly false written statement verified by a statement of truth can instead lead to contempt proceedings.
25 Self-Representing (Litigant in Person) Tips
Focus On:
- Facts
- Evidence
- Child welfare
- Calm presentation
Avoid:
- Emotional arguments
- Long narratives
- Irrelevant history
- Attacking the judge/opponent
Judges generally appreciate:
- Clear chronology
- Good organisation
- Concise submissions
Use Three Questions
- What happened?
- What evidence proves it?
- Why does it matter to the child or the court's decision?
26 Key Official Resources
Family Procedure Rules
Children Act 1989
Children Act 1989 – Section 1
Practice Direction 22A
Practice Direction 17A
Cafcass Official Website
Domestic Abuse & Harm
Represent Yourself in Court
Citizens Advice – Family
Getting Evidence From Police, NHS, Schools or Other Organisations
You may know that useful evidence exists but not personally have a copy.
This could include:
- Police disclosure
- Social services records
- Medical records
- School records
- Domestic abuse service records
- Other third-party documents
Family Procedure Rules Part 21
The court can in appropriate circumstances order disclosure from someone who is not a party.
The legal requirements must be satisfied and the information must be sufficiently relevant to the proceedings.
Subject Access and Court Disclosure Are Different
A Subject Access Request under data-protection law is not necessarily the same as disclosure ordered for Family Court proceedings.
Follow any disclosure directions already made by the court.
Expert Evidence
Expert evidence is different from ordinary factual evidence.
Examples might include:
- Psychological assessment
- Psychiatric evidence
- Medical expert evidence
- DNA testing
- Toxicology testing
- Digital forensic analysis
- Handwriting analysis
Check Court Permission Before Instructing an Expert
The general rule is that court permission is required before expert evidence can be put before the Family Court.
Additional restrictions apply in children proceedings.
Family Procedure Rules Part 25The Expert's Duty Is to the Court
An expert's overriding duty is to assist the court on matters within their expertise.
Practice Direction 25BIf You Want to Rely on a Recording
Do not simply send the judge a random audio clip.
- Preserve the complete original recording.
- Keep the original file name and date information.
- Do not overwrite or edit the original.
- Identify who is speaking.
- Identify what issue in the case it relates to.
- Identify relevant timestamps.
- Prepare an accurate transcript if required.
- Clearly disclose if software or AI was used to create the transcript.
- Tell the court and parties about the evidence at the appropriate stage.
- Ask for directions if authenticity or admissibility is disputed.
No Trial by Ambush
Producing lengthy recordings for the first time at a final hearing can cause:
- Fairness problems
- Adjournments
- Additional costs
- Authenticity disputes
- Delay
Need Evidence of What Happened at a Court Hearing?
Do not secretly record the hearing.
HMCTS provides an official procedure for requesting a transcript.
The relevant form is:
A transcript can be produced from the official court recording where an appropriate recording is available.
HMCTS – Form EX107Witness Statement Checklist
Before filing a statement, check:
- Does it have the correct case name and number?
- Does it identify who made it?
- Are paragraphs numbered?
- Are events in a logical or chronological order?
- Does it distinguish personal knowledge from information supplied by others?
- Are sources identified?
- Are exhibits labelled correctly?
- Are unnecessary insults removed?
- Are important dates clear?
- Does it address the issues the court actually asked about?
- Does it contain the correct statement of truth?
- Has the maker checked it carefully before signing?
Current Bundle Page Limit
Unless the court gives a different direction, a witness statement or affidavit included in the hearing bundle is normally limited to:
Always follow the directions in your individual court order.
Build an Evidence Schedule
An evidence schedule can help you understand exactly what each item proves before deciding whether it needs to go before the court.
| Ref | Date | Evidence | Fact Supported | Why Relevant |
|---|---|---|---|---|
| DM1 | 14 Feb 2026 | WhatsApp conversation | Arrangement cancelled | Contact arrangements |
| DM2 | 15 Feb 2026 | School email | School informed of incident | Child wellbeing |
| DM3 | 17 Feb 2026 | Police record | Police attendance recorded | Safeguarding issue |
This is a personal preparation tool. It does not replace a schedule, statement or document specifically ordered by the court.
Evidence for a Fact-Finding Hearing
Where domestic abuse or other relevant allegations are disputed, the court may decide that a separate fact-finding hearing is necessary.
The court may identify:
- The key facts in dispute
- The evidence required
- Whether witness statements are required
- Whether third-party records are required
- Whether third-party witnesses are required
A Schedule of Allegations May Be Directed
A schedule may identify:
- the alleged incident or behaviour
- the date or period
- what the applicant says happened
- what the respondent says happened
- the evidence relied upon
Where coercive or controlling behaviour is alleged, the court may need to consider patterns of behaviour rather than only isolated incidents.
Evidence Mistakes to Avoid
- Do not alter screenshots.
- Do not delete inconvenient parts of a conversation and present the remainder as complete.
- Do not ask a child to gather evidence against another parent.
- Do not secretly record a Family Court hearing.
- Do not publish private Family Court evidence online.
- Do not commission expert evidence without checking whether court permission is required.
- Do not submit hundreds of irrelevant pages because you believe volume equals strength.
- Do not describe an allegation as proved unless it has actually been admitted or established.
- Do not assume an unproven allegation was automatically found false.
- Do not sign a statement of truth unless you honestly believe the facts stated are true.
The Five-Part Evidence Test
Before relying on evidence, ask:
-
Relevant?
Does it relate to an issue the court must decide? -
Authentic?
Can I show where it came from and that it has not been misleadingly altered? -
Reliable?
Is it direct evidence, independent evidence, hearsay, opinion or assumption? -
Necessary?
Does the judge actually need it? -
Child-focused?
How does it help the court decide the child's welfare or another issue it must determine?
Final Message
Strong Family Court evidence is not about producing the largest bundle.
It is about helping the court understand:
what happened,
when it happened,
what proves it,
what remains disputed,
and why it matters to the child.
Keep originals.
Preserve context.
Follow court directions.
Separate fact from opinion.
Keep the child's welfare at the centre of the evidence you present.
Facts. Evidence. Context. Child Welfare.
Right First Time UK