Q&As

In relation to private law children proceedings where directions are due to be given for a fact-finding hearing, where a photograph has been filed as part of the respondent mother's statement to illustrate domestic abuse but without evidence as to how the picture was taken, no original copy of the photograph being provided and no time or date as to when the photograph was taken, to what extent can the father have this removed?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 01/11/2018

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • In relation to private law children proceedings where directions are due to be given for a fact-finding hearing, where a photograph has been filed as part of the respondent mother's statement to illustrate domestic abuse but without evidence as to how the picture was taken, no original copy of the photograph being provided and no time or date as to when the photograph was taken, to what extent can the father have this removed?

The court has a general power to control the evidence that it hears and reads (see Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 22.1). These powers extend to excluding evidence which would otherwise be admissible (FPR 2010, SI 2010/2955, 22.1(2)). FPR 2010, PD 22A sets out various requirements for the format and contents of witness statements, including in relation to exhibits, but there is no specific provision relating to what documents or other evidence can and cannot be exhibited (save, eg court documents, which prove themselves).

In circumstances where an exhibit is relied upon to illustrate domestic abuse and amounts to an undated and unverified photograph, this is likely to be a matter which in the course

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