Witness Statements

[Kyle]

So after spending the last four months or so getting my head around Court Bundles. I am now at the stage where I have to put together a Witness Statement for my Final Hearing.

This seems to be a similar steep learning curve for a first time experience in the Family Court so I thought I would share my journey of learning this task also.

If I can help save other dads from suffering the stress and trauma of what I am experiencing then that is a massive win for me as the current system and information surrounding it is an absolute minefield of inadequacy and shortcoming's and the bottom line is, children are at the centre of all this chaos. If helping each other minimises the effects this has on our kids then maybe we just might steer our society in a better direction, because, lets face it, the UK at the moment is in absolute ****ing disarray.

There are plenty of resources online that give a broad overview of how a witness statement should be structured. And after my researching, this is what I have put together. (Please feel free to comment, critique or make suggestions) It's an evolving process. It's also largely based on my current case, so the content may be different for you.

IN THE LONDON FAMILY COURT
CASE NO: LN123B00123
IN THE MATTER OF THE CHILDREN ACT 1989
AND IN THE MATTER OF (CHILD'S NAME)
(D.O.B. 01/01/2020)
BETWEEN:
JOHN SMITH (Applicant)
And
JANE SMITH (Respondent)

Witness Statement for Final Hearing on:
19/11/2022​

1. THE PARTIES

• I AM (THE FATHER) OF (ADDRESS)
• THE OTHER PARTY IS (THE MOTHER) OF (ADDRESS)

2. THE APPLICATION

• MY POSITION IS THAT MY CHILDREN SHOULD (HAVE TIME WITH/LIVE WITH ME) THERE SHOULD BE/SHOULD NOT BE CONTACT WITH THE OTHER PARTY. THERE SHOULD BE A NON MOLESTATION ORDER TO PREVENT THE OTHER PARTY FROM...

3. THE OTHER PARTIES POSITION

• THE OTHER PARTY SUGGESTS THAT THERE SHOULD BE NO CONTACT BETWEEN MYSELF AND THE CHILD/REN BECAUSE...
• I THINK IS IS WRONG BECAUSE...

4. DIFFICULTIES WITH CONTACT (EVIDENCE)

• EVIDENCE OF ABUSE (PSYCHOLOGICAL, EMOTIONAL, GAS-LIGHTING) FACEBOOK POSTS, TEXT MESSAGES
• EVIDENCE OF EFFECTS OF ABUSE TO APPLICANT (MEDICAL REPORTS/TREATMENTS FOR STRESS ETC)
• EVIDENCE OF ABUSE TO CHILDREN (WITNESSING ILL TREATMENT OF FATHER)
• INVOLVEMENT FROM CHILDREN'S SERVICES (EVENTS AND DATES) WITH EXHIBITS
• EVIDENCE OF EFFECTS OF ANY ABUSE ON CHILDREN

5. YOUR POSITION

• MY POSITION AS THE APPLICANT IS...

6. ORDER SOUGHT

• I ASK THE COURT TO MAKE AN ORDER UNDER THE FOLLOWING TERMS...
• THE RESPONDENT HAS BEEN ABUSIVE TO THE APPLICANT (REFERENCE EVIDENCE)
• THERE SHOULD BE A NON MOLESTATION ORDER TO PROHIBIT MALICIOUS USE OF SOCIAL MEDIA

EXHIBITS NEED TO BE ON A SEPARATE PAGE WITH THE PARTY NAMES AND THE CASE NUMBER. ALL EXHIBITS AND STATEMENTS MUST FINISH WITH A STATEMENT OF TRUTH.

I BELIEVE THAT THE FACTS STATED IN THIS WITNESS STATEMENT ARE TRUE.

SIGNED

DATE

 

[Resolute]

Looks like a tight layout that goes above and beyond the simple templates that are easily available online.

I applaud your work on this.

How are exhibits integrated into the layout?

I guess you refer to them in the statement KY01, KY02...

 

[Kyle]

Yes, exhibits such as abusive text messages or screen shots of offensive social media posts for example must be on their own page and referenced to using your initials (KY01 and KY02 in my case) in order to support the statements being made, particularly within DIFFICULTIES WITH CONTACT where you sometimes expect volatile communications surrounding attempts to make arrangements. And it always gets interesting when the other party denies they did or said such things and they're directed by the court to view their own text messages where they call you all the names under the sun.

Awkward!

 

[Ash]

Very helpful. As part of the writing of the statement it is still a good idea to not criticize the ex but keep it factual and non personal - which is tricky when you're attaching evidence of bad stuff she's done. But the exhibits speak for you there. For example you could have.

"Some of the difficulties around achieving a stable and happy schedule for the children are due to some of the actions by Mrs Ex and this makes co parenting communication difficult to achieve (see exhibits b and c).

Exhibits b and c could be ranty emails calling you all kinds of names and refusing to let the kids come and show her up without you having to criticize her.

Depends on circumstances obviously.

 

[Kyle]

No I wouldn't use the witness statement to get personal or critisise the other parties parenting. But certainly make full use of the opportunity to expose the difficulties in maintaining an amicable parenting agreement for the benefit of the children because of the mothers vituperative behaviour towards you in the DIFFICULTIES WITH CONTACT section, supported by the communication evidence.

This should most definitely be where the Whiter Than White mantra comes into its own.