How to Effectively Draft a Witness Statement for Family Court Proceedings in the UK

Navigating family court can be challenging for anyone involved. One crucial part of the process is drafting a witness statement. These documents provide vital information about child arrangements, familial relationships, and the circumstances surrounding custody decisions. A well-written witness statement can significantly influence the outcome of a case. In this blog post, we will outline the key components of a family law witness statement, important considerations during drafting, and tips to ensure compliance with court requirements.

Writing a Family Witness Statement - With New Hall Chambers Support

What is a Witness Statement for Family Court Proceedings?

A witness statement is a written document that explains the evidence or information a person can provide about a specific case. In family law, it serves to share the witness's perceptions, experiences, and observations about family dynamics. This description helps the court gain a comprehensive understanding of the situation.

Witness statements are essential because they offer multiple viewpoints, assisting judges in determining suitable arrangements for those involved. According to UK family court data, well-prepared witness statements can increase the likelihood of favourable decisions.

Key Needs for a Witness Statement: Child Arrangements and Family Proceedings

When preparing a witness statement for child arrangements and family proceedings, you must address certain key needs, such as:

1. Clarity and Objectivity: The statement must be clear and free from emotional bias. For example, consider stating, "I observed [Child's Name] engaging happily with both parents during visits," rather than expressing personal feelings about the parents' behaviour.

   
   

2. Detail on Child Involvement: Document specific details about the child's daily routines, relationships, and interactions. For instance, note that "on Mondays, [Child's Name] attends swimming lessons from 4 PM to 5 PM and enjoys playing with peers afterwards."

   
   

3. Impact of Parents' Actions: Explain how each parent's actions affect the child emotionally, physically, and psychologically. For instance, "Since the change in visitation, [Child's Name] has expressed feelings of confusion and sadness, often asking why they cannot spend time with both parents together."

   
   

4. Relevance to the Case: Ensure the content directly relates to the case. For instance, discussing a child's behaviour in school is relevant if it highlights the impact of parental conflict on their well-being.

   
   

5. Chronology of Events: A chronological timeline helps the court follow the situation more clearly. For example, "On [date], I saw [Child's Name] at the park with [Parent's Name], and they were engaged positively from 3 PM to 4 PM."

   
   

Addressing these needs strengthens the witness statement and enhances its relevance to the case.

How to Complete a Witness Statement and What to Include

Completing a witness statement involves several careful steps. Here’s a structured approach to follow:

1. Heading and Introduction

Start with your name, address, and a brief statement about your relationship to the child or parties involved in the family proceedings.

Example: “My name is [Your Name]. I live at [Your Address]. I am the [relation, e.g., grandmother, uncle] of [Child’s Name], who is involved in this case.”

2. Statement of Truth

Authenticating your statement is essential. Include a declaration like: “I believe that the facts stated in this witness statement are true.”

3. Body of the Statement

In this section, detail your observations and experiences related to the case.

• Chronological Order: Describe events as they occurred.

  
  

• Use Specific Instances: Give examples to illustrate your points. For example, mention, “On [specific date], [Child's Name] expressed to me they were upset about not seeing [Parent's Name] at school events.”

  
  

• Be Factual and Concise: Stick to what you have observed and avoid subjective language.

  
  

4. Emotional and Psychological Considerations

Describe how family dynamics or specific events have affected the child. Mention feelings, behavioural changes, or significant events that showcase the impact on their welfare. For instance, "After the recent visitation changes, [Child's Name] began having trouble sleeping, which may signify increased anxiety."

5. Summary of Views

Conclude with a brief summary of your overall views regarding the child’s best interests. State something like, "In my opinion, maintaining stability and frequent contact with both parents would be in [Child's Name]'s best interest."

6. Signature and Date

Finish by signing and dating the statement to confirm its accuracy and truthfulness.

Tips for Drafting Your Witness Statement

1. Use Simple Language: Keep your language straightforward. Avoid legal jargon to ensure everyone, including the judge, can understand your statement.

   
   

2. Review for Accuracy: Check the statement for factual errors. This includes verifying dates, events, and details that may affect its clarity.

   
   

3. Seek Professional Help: If you need assistance with wording or necessary content, consider consulting with a family law solicitor or practitioner for advice.

   
   

4. Edit Ruthlessly: Remove any unrelated information. This keeps your statement focused and clear.

   
   

5. Stick to the Facts: Your statement should rely primarily on factual information rather than emotional expressions. Focus on what you know.

   
   

6. Practice Delivery: If you will provide verbal evidence, practice reciting your statement aloud to ensure you are comfortable discussing it.

   
   

Final Thoughts

Drafting a witness statement for family court is a structured process that can greatly influence your case's outcome. By following these guidelines and best practices, you can create a powerful document that addresses the needs of everyone involved, especially the child at the center of the matter.

If you need help drafting a family law witness statement, reach out to the New Hall Chambers team, who specialise in family law. We can provide tailored support and guidance to help you navigate this critical component of family proceedings.