If you are involved in Court proceedings regarding your children, one of the things that you will need to consider very carefully is what to include in your statement of evidence, otherwise known as your witness statement.
Witness statements in children law cases
The witness statement is your evidence in chief before the Court. It is essentially you “having your say” in the proceedings.
Your statement is a very important document as it will be your first (and possibly only) opportunity to tell the Judge what your case is about, making sure that he or she understands your proposals for and concerns about your children.
Until recently the Court has been generous in allowing detailed statements to be filed, however, that may now be becoming a thing of the past.
The Court of Appeal in the matter of W-M (Children) [2015] EWCA Civ 1201 has confirmed that where the parties had a habit of referring to irrelevant issues, a Judge may limit witness statements to six sides of A4 and direct that no exhibits should be filed.
How to write your witness statement
It is crucial, therefore, that you make sure your statement is drafted properly and includes everything you need to say in a succinct document which properly conveys all the relevant points of your case to the Judge.
The Judge will always focus on the welfare topics for determination when considering arrangements for children. Knowing what to include in your statement and, just as importantly, what to leave out can make the difference between winning and losing your case. It is a matter of great importance.
If you are in doubt about your statement or simply require advice on a draft then you should seek expert legal advice on the issue. We have a team of children law specialists across our East Midlands network who would be happy to assist you in that task.
How Nelsons can help
Melanie Bridgen is a Partner in our expert Family Law team. She is a member of the Law Society Children Panel and a Resolution Accredited Specialist.
If you need any further advice in relation to the topics discussed in this article, please get in touch with Melanie or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.