How to Write Your Statement for Court

If you are going to the Family Court to seek child contact or residence, you may have been directed as to a date when your statement must be sent to all parties.

Rules Governing Court Statements

Statements for the Family Court are governed by the Family Proceedings Rules 1991, which state particular rules that should be followed;

• The statement must be signed, dated and contain a declaration that you believe the statement is true and recognise it may be placed before the court.
• On the top left-hand side of your statement, detail the court in capital letters, e.g. IN THE LONDON FAMILY COURT and the case number on the top right-hand side.
• You should include the names of the parties; ‘Between (name of Applicant) with ‘Petitioner’ at the right-hand side, and then underneath; ‘And’, followed by the name of the Respondent and ‘Respondent’ at the right-hand side.
• In the centre, you should include the ‘title’. If you are the Applicant, the title would be ‘Petitioner’s Statement on Child Residence/Contact’ (as appropriate) or vice versa if you are responding to the mother’s petition.

Introduction

Begin with the reason you are making this statement, i.e. I am making this statement in response to my wife's/ partner's petition or; this statement reflects the concerns I have for my child’s future should my wife/partner obtain a divorce.

You should summarise what you wish the court to order, and why you believe they should grant the order. For example:

• Times of the week you feel your child should spend with each parent, e.g. your days off are Monday to Wednesday, when their mother is working.
• That your children are mature enough to decide/influence the decision themselves.
• Positive attributes that both parents can offer.
• Benefits of having Shared Care of both the mother and father.
• Give good reason as to why an order should be granted and is in your child’s best interests.

Your Children

Give the court some insight into each child individually, including:

• Your children’s age and maturity level, relevant if you believe they can decide who they wish to live with for themselves.
• Detail your relationship with your children previously compared with your relationship now.
• How the break up has affected them, for example, if you have always had a good relationship with them and without an order in place meetings will be difficult.
• How they will be affected without an order, if you believe they would be unhappy and why.
• Why you believe Contact/ Residency with you will benefit them.
• Anything in support of your case. If, for example, in a separate meeting with a Welfare Officer, your child may have stated repeatedly that they wished to live with you.

You should air any concerns that you have. Examples may be:

• Unacceptable Behaviour by your wife - this has to sensible, true and unemotional.
• You are worried that without the order you will not be able to maintain regular contact.
• Perhaps your wife plans on moving away due to work, which would affect your child’s stability with schooling, family and friend relationships etc.

Conclude

Conclude with why you should have residency/contact with your children. Perhaps you are able to take the children to and from school. Your children may get on well with a new partner or have relatives nearby who are more than willing to help out. You must persuade the court that you only have the children's best interests at heart.

Untruthful Statements

The best way to combat untruthfulness is through cross-examination, where you ask questions about the statement to test what has been said. When skilfully done, it can show untruthfulness, which will obviously look unfavourable. Here are some questions to ask:

• Ask if your ex-partner is happy with their statement. If they say something wrong and try to go back on their word, it becomes clear to the judge that they are being untruthful.
• If you disagree with something, ask to see evidence.
• If something particularly untrue is in a statement and you have evidence to prove the contrary, then ask to give your version in court.
• Box them in with questions, for example, if your child has mentioned a strange man in the house and you know your wife is lying and saying she has been alone, you can ask them the question directly. She now becomes ‘trapped’ as she either admits to lying or is saying that your child is lying.

Evidence is key to making your case stand in court, so get as many statements as possible from supportive people.

Finding a Solicitor

Search for a reputable family department or expert solicitor. Ask people if they can recommend a solicitor as you need to be happy with their work. Some firms offer free consultations where you can go and discuss your case. Go to a few different firms to see which one you prefer.