Evidence and procedure

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Stop Press: On 31 March 2026, the President of the Family Division, Sir Andrew McFarlane, issued new consolidated guidance on allocation and gatekeeping for children proceedings in the Family Court, effective from 5 May 2026. The guidance replaces the previous 2014 public and private law guidance and introduces a unified framework governing allocation across all children cases. It formalises the role of gatekeeping teams, aligns allocation decisions with modern procedural pathways (including Child Focused Courts), and reinforces core principles of judicial continuity, proportionality and efficient use of judicial resources, see News Analysis: Consolidated allocation and gatekeeping guidance for children proceedings issued. This Overview is currently being updated to reflect the President’s guidance.

Evidence in private law children proceedings

There are three forms of evidence:

  1. •

    oral evidence by witnesses—note that the court may allow a witness to give evidence through a video link or by other means

  2. •

    documentary evidence, such as statements, reports, photographs and case records

  3. •

    real evidence, such as a site visit or marks on a person’s body

Under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 22 the court

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