Statements 

Statements are a key part of any case at court. In most instances, statements are treated by the court as evidence. When the court asks you to prepare a statement, the court will usually ask you to prepare a witness statement.

The President of the Family Division (the head and lead judge for all matters in the Family Court) has issued basic guidelines about a witness statement. The details can be found here: https://www.judiciary.uk/wp-content/uploads/2021/11/PFD-memo-on-witness-statements-12112021.pdf .

In summary:

  • Witness statements tell the parties and the court what evidence a party intends to rely on at a final hearing.

  • Witness statements must only contain evidence from the maker of the statement.

  • The statement must be expressed in the first person using the witness’s own words.

  • A witness statement must be as concise as possible without omitting anything of significance.

  • As a general standard, a witness statement should not exceed 15 pages in length (excluding exhibits). This page limit is a statement of best practice and does not derogate from the limit of 25 pages, which should be regarded as a maximum.

  • A witness statement must not:

    • quote at any length from any document;

    • seek to argue the case;

    • take the court through the documents in the case;

    • set out a narrative derived from the documents;

    • express the opinions of the witness;

    • use rhetoric.

  • A witness statement may only set out matters of fact.Matters of fact include past facts (i.e. events which have happened) and future facts (i.e. events which are expected to happen). A statement may state only those matters of fact of which the witness has personal knowledge and which are relevant to the case.

  • A witness statement may only set out matters of information and belief. The statement must indicate the source of any matters of information and belief. Evidence about proposed child arrangements about needs, will be matters of information and belief. Therefore, where such evidence of such information and belief is given, the source or basis for that belief must be stated.

  • If referring to documents,

    • The statement must identify in a list appended to it what documents, if any, the witness has referred to, or been referred to, for the purpose of providing the evidence set out in the statement.

    • The statement should identify or describe the documents in such a way that they may be located easily at the final hearing.

The President of the Family Division has kindly provided a useful template for use by Litigants in Person in non-complex private law welfare cases. Its use in such cases is optional, but is strongly encouraged. We have created an accessible word document for you here to use in your case at court:

Template for a witness statement

Please note that we will upload details and a template for a position statement soon.

The layout below is one that lawyers often use, however the President’s template is strongly encouraged in cases that are not complex.

IN THE [ENTER THE LOCATION] FAMILY COURT 

CASE NUMBER: [INSERT CASE NUMBER]

 

IN THE MATTER OF THE CHILDREN ACT 1989

AND IN THE MATTER OF [ENTER YOUR CHILD’S FULL NAME] [ENTER YOUR CHILD’S DOB]

 

BETWEEN:

 

[INSERT FULL NAME OF THE APPLICANT IN CAPITALS]

APPLICANT

 

And

 

[INSERT THE FULL NAME OF THE RESPONDENT IN CAPITALS]

RESPONDENT

 

__________________________

 

POSITION/[SWORN] STATEMENT/WITNESS OF THE [APPLICANT OR RESPONDENT IN CAPITALS]

 

[INSERT YOUR FULL NAME IN CAPITALS]

 

__________________________

 

I, [INSERT YOU FULL NAME IN CAPITALS] make this [sworn/witness] statement in support of my application for [ENTER THE TYPE OF COURT ORDER YOU ARE APPLYING FOR].

 

Issues in dispute

1.     The issues in dispute are [LIST THE ISSUES, i.e. whether or not the Applicant/Respondent should be granted care/contact, including overtime/holiday contact]

 

Background

2.     The background of this case includes but it is not limited to the following: 

 

3.     We have [insert number] of children. The names are [insert NAME IN CAPITALS] [d.o.b. XX/XX/XXXX], aged XX years; [insert NAME IN CAPITALS] [d.o.b. XX/XX/XXXX], aged XX years….

 

4.    In respect of issue one, my position is….

[CARRY ON DETAILING YOUR CONCERNS BEFORE ENDING WITH THE BELOW]

20. Therefore, I kindly request the honourable court to issue the orders so that I can [ENTER APPROPRIATE WORDING].

 

STATEMENT OF TRUTH [THIS IS NOT REQUIRED IF YOU ARE DRAFTING A POSITION STATEMENT].

I, insert the name of the Applicant/Respondent, confirm that the content of this statement is true and to the best of my knowledge and belief. I am aware that the same will be placed before the court in evidence.

 

Signed: ……………………………………………….. [this is not required for a position statement]

 

[NAME, PROFESSIONAL TITLE, PROFESSIONAL ADDRESS AND SIGNATURE OF SWORN PERSON].

XX January 2020