Writing a witness statement for family court
A witness statement is your evidence in writing. In private children proceedings in England & Wales, it's often the most important document you'll file. This guide walks through what to include, how to structure it, and the common mistakes that undermine an otherwise strong case.
What a witness statement is (and isn't)
A witness statement sets out the facts you know from your own experience, in your own words. It is not a place for legal argument, character attacks or speculation. Judges give the most weight to statements that are calm, specific and evidenced.
Structure
- Heading — court, case number, parties, your name and role.
- Introduction — who you are, your relationship to the children, the purpose of the statement.
- Background — a short, dated summary of the relationship and separation.
- Chronology of key events — dated, numbered paragraphs, one event per paragraph.
- The issues the court has to decide — what you say happened and what you're asking for.
- Statement of truth — signed and dated.
Statement of truth
Family Procedure Rules 22 require the statement to end with:
"I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth."
Sign and date underneath. An unsigned statement can be excluded.
Exhibits
Documents you refer to (messages, emails, medical letters, photos) go in as exhibits labelled "DM1", "DM2" etc using your initials. Refer to them in the body of the statement — for example, "See the WhatsApp exchange at exhibit DM3." Do not paste screenshots into the statement itself.
Tone
- Write in the first person, past tense.
- Short numbered paragraphs — one point each.
- Dates and times wherever possible.
- Neutral language: "the mother said X" not "she screamed X at me".
- Keep opinions out unless the court has asked for them.
Common mistakes
- Attacking the other parent's character instead of describing events.
- Hearsay: "my friend told me she saw…" — the friend should file their own statement.
- Going over the page limit set in a court order without permission.
- Missing dates or vague "around then" references.
- Filing late — comply with the order's timetable.
Draft yours in minutes
Our AI drafting tool builds a first draft in the correct structure, pulls in dated events from your diary and inserts the statement of truth automatically. You review, edit and export a clean Word document to file.