What a Witness Statement Is
A witness statement is a written account of the facts within your personal knowledge that are relevant to the issues in the case. The judge reads it before the hearing begins. It sets the tone for how the judge perceives you.
A clear, well-organised, honest statement builds credibility. A rambling, emotional, or exaggerated statement damages it.
The Basic Rules
Write in the first person throughout. Write in chronological order where possible. Stick to facts within your personal knowledge. Keep paragraphs short. Use plain English.
Each paragraph should cover one topic or time period. The statement should read as if you are explaining your situation clearly to someone who knows nothing about it.
What to Include
Include: background facts about your relationship with the child, the child's current living arrangements, the history of the dispute, your position on the specific issues, any concerns about the child's welfare with specific examples and dates, and what outcome you are asking the court to order and why.
Do not include: your opinion of the other party's character generally, irrelevant background about the relationship breakdown, allegations you cannot evidence, speculation about motives, or legal arguments.
Format and Length
Family court witness statements must comply with Practice Direction 22A. The statement should be headed with the case name, case number, your name, and the date. Each paragraph should be numbered. Sign with a statement of truth: "I believe that the facts stated in this witness statement are true."
Length depends on the complexity of the case. A statement for a first hearing might be three to five pages. A statement for a final hearing might be ten to twenty pages.
Common Mistakes
The most common mistake is including too much irrelevant material about the relationship breakdown. Every paragraph should be relevant to the child's welfare.
The second most common mistake is making allegations without evidence. An unsupported allegation carries little weight and may damage your credibility if the other party can demonstrate it is exaggerated or false.