Evidence and procedure

Evidence in private law children proceedings

There are three forms of evidence:

•
oral evidence by witnesses—note that the court may allow a witness to give evidence through a video link or by other means
•
documentary evidence, such as statements, reports, photographs and case records
•
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 is given wide powers to control the way in which evidence is given. It may give directions as to:

•
the issues on which it requires evidence
•
the nature of the evidence that it requires to decide those issues, and
•
the way in which the evidence is placed before it

It may exclude evidence that would otherwise be admissible.

A child’s unsworn evidence is admissible if they understand the duty to tell the truth and they have adequate understanding.

The general rule is that all competent witnesses can be compelled to give evidence. Refusal to be sworn, or refusal to answer questions, is contempt of court. The court has a residual

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