Witness statements

[mynamechangemyrules]

I just wrote a long post and it's disappeared but basically I need help with what a judge would want in a witness statement before a second hearing in court.

First fact finding court meeting was really tough and judge doesn't believe that coercive and controlling behaviour 'is a thing' and raised parental alienation despite it not being raised by either party.

I want to get this right but not sure what the judge wants from it.

Well, to give the standard lawyers answer, it depends.

Presumably this is child arrangements order proceedings and the court has indicated it is moving to a finding of fact hearing?

In which case the court wants to know what your account is as to what happened an when. It should be in the first person and supported by a statement of truth (the wording you can find online).

Generally I would expect it to start with background "i met the Respondent in 2011 and we married in 2014. We had two children named A and B and separated in July 2023" etc.

Then move to behaviours which you seek to prove. "In the course of the marriage the Respondent exerted control on my life. Specific examples include on x day of x month I missed the bus home and he rang me 87 times accusing me of having an affair (or whatever you take the point).

If you have evidence such as text messages you can refer to them and exhibit them in the statement.

Remember the relevance of conduct towards you is the risk it may present to children going forward. Try to be factual not emotive. I know it's hard.

This website is really helpful for tips.

https://www.rightsofwomen.org.uk/wp-content/uploads/2023/12/a-guide-to-preparing-witness-statements-for-the-family-court.pdf

Good luck

This is hugely helpful, thank you. I wasn't aware that I could do it in that way, I have a huge number of emails and texts as evidence so I will try to have them linked to the statements I make.
Thanks

The linked document was great. Something I'm struggling with is the judge said she wants me to 'clarify what I'm applying for', but I filled in the C100 and think it was covered in that... Could she mean she wants specific clauses or something of the Children's act?! Or do I just repeat what I want the outcome to be?

Hi, if anyone sees this and could help it would be appreciated;

The judge requested the statement be no longer than 4 sides of A4, online advice has said I should double space the text but this means I'm half way through page 2 and only just on to having children. I don't want it to be epic, but I do want to include all the salient details and I have a lot to get through.

Should I revert to single spaces?

Sorry just seen this! I would revert to single space. When the judge says what are you asking for she means what do you want the court to put in an order. Are you asking for full custody without dad getting any time at all? Are you asking for him to have every other weekend etc. I wouldn't worry about the children act or any law just what you want and why it is in the child's best interests.

If that makes sense?

It makes perfect sense and you've been so helpful. Thanks Moose!

No problem! I'd say drop me a message if you have questions but messaging is switched off so just post again if you think of more questions.

I've just got a message from court in the last half hour which states I need to submit the witness statement by the end of… today! Do you think I have to? Surely they can see that giving 2.5 hours lead time is not possible?

Re- read and it says 4pm!! I’ve got a busy hour ahead! 😩😩😩

What did the last order say? You can apply to the court for an extension but you must apply before the deadline, otherwise you need to apply for something called relief from sanctions to allow the evidence to be admitted.

The court should be giving you more than a couple of hours notice though!

I have a pretty good skeleton structure of the statement and evidence in place. If I submit that now, on time, can I also apply for relief from sanctions to amend and add evidence?

Yes you can submit as much as you have an apply for permission to add to it later x

💕

In full rabbit in headlights mode and you are saving me 💕