Evidence and disclosure

Witness evidence in family proceedings

In contested proceedings the court will often hear evidence from witnesses. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pts 17, 22 and 24 apply to witness evidence in family proceedings. An affidavit is the testimony of the person who swears it. A witness statement is the equivalent of the oral evidence the maker would give if called to give evidence.

The general rule is that any fact that needs to be proved by the evidence of witnesses is to be proved:

•
at a final hearing—by oral evidence
•
at any other hearing—by evidence in writing

The general rule does not apply to proceedings under FPR 2010, SI 2010/2955, Pt 12 for a secure accommodation order, or an interim care or supervision order, or where the court orders otherwise, or where FPR 2010 or any other enactment provides otherwise (for example, section 45(7) of the Children Act 1989 (ChA 1989), which makes provision as to evidence on an application for an emergency protection order).

The court is entitled to limit cross-examination in furtherance of the overriding

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Family News

Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.

Family weekly highlights—7 August 2025

This week's edition of the Family weekly highlights includes details of the third Family Procedure Rules 2010 Practice Direction update of 2025 and the High Court of Justice summer 2025 vacation notice. Recent decisions from the Court of Appeal on jurisdiction for divorce proceedings, fact-finding hearings in public children cases, wardship proceedings and enforcement of child arrangement orders are set out. A new flowchart setting out when the express financial remedy procedure applies is also set out.

Family Procedure Rules 2010 Practice Direction Update No 3 of 2025

The third Family Procedure Rules 2010 (FPR 2010) Practice Direction (PD) update of 2025 has been issued, making amendments to two existing PDs, FPR 2010, PD 36Z (Pilot Scheme: Private Law Reform: Investigative Approach) together with FPR 2010, PD12B (Pilot: Private law reform: investigative approach), which is annexed to FPR 2010, PD 36Z. These existing PDs make provision for the Pathfinder pilot. Pathfinder is piloting, in selected courts, a new procedural approach to certain private law proceedings relating to children, in place of the Child Arrangements Programme. The PD amendments come into force on 14 August 2025.

Family weekly highlights—31 July 2025

This week's edition of the Family weekly highlights includes details of the speeches by the Master of Rolls and Lord Justice Birss at a Civil Procedure Rule Committee and Online Procedure Rule Committee event, the coming into force of the Arbitration Act 2025 and the minutes from the latest Family Procedure Rule Committee meeting. Analysis of the need to undertake a holistic risk assessment when making final care orders is set out, together with consideration of how to accommodate an asylum seeking child. Recent judgments on declarations of parentage and the use of expert reports in financial remedy proceedings are also considered.