Can I cross-examine my ex in family court? In person vs a qualified legal representative

Family court · Giving evidence · England and Wales · Last checked 23 October 2026

This guide explains the process only: who may ask questions, how the court decides, and what each route looks like on the day. It does not tell you what to ask, and it cannot tell you what to say in your own evidence.

Why the law changed

Before July 2022, a parent without a lawyer could, in principle, stand up and question the person they were accused of abusing, or the person who had abused them. Section 65 of the Domestic Abuse Act 2021 inserted a new Part 4B into the Matrimonial and Family Proceedings Act 1984 to stop that in defined situations. Part 4B came into force on 21 July 2022. Practice Direction 3AB explains how the family court applies it, and it does not apply to proceedings that started before that date.

The ban works both ways. It stops the person accused or convicted from questioning the alleged victim, and it also stops the alleged victim from questioning the other person in person. Neither side is singled out.

The automatic bans

If one of these applies, the court has no choice. Questioning in person is prohibited.

• Convictions, cautions and charges (section 31R). Where a party has been convicted of, cautioned for, or charged with an offence specified in regulations, they cannot question the victim or alleged victim of that offence in person, and the victim cannot question them in person. Spent convictions do not count unless the rehabilitation rules allow them to be used.
• Protective injunctions (section 31S). Where an on-notice protective injunction is in force between the parties, neither the person it protects nor the person it is made against may question the other in person. "On notice" means both had notice of the hearing where it was made, or the person it is against could have asked to set it aside or vary it at a hearing.
• Specified evidence of domestic abuse (section 31T). Where evidence of a kind specified in regulations shows that one party has been a victim of domestic abuse by the other, the ban applies both ways. Domestic abuse has the meaning in section 1 of the Domestic Abuse Act 2021.

The court only knows about a conviction or an injunction if someone tells it. That is one reason the forms below exist.

The discretionary ban (section 31U)

Where no automatic ban applies, the court can still direct that a party must not question a witness in person. It can do this on application or on its own initiative. Two routes are available, and only one needs to be met:

• The quality condition. The witness's evidence is likely to be less complete, coherent or accurate if they are questioned in person by that party, and likely to be better if a direction is made.
• The significant distress condition. Questioning in person is likely to cause significant distress to the witness or the party, more than if someone else asked the questions.

Either way, the direction must not be contrary to the interests of justice. The court has to weigh the views of the witness and the party, the nature of the questions likely to be asked, any findings of fact already made about either party's behaviour, and any relationship between them. It must give reasons whether it makes the direction or refuses it (section 31V and PD3AB paragraph 3.6). A direction lasts until the witness is discharged, which normally means the end of the proceedings, and it can be revoked only in the interests of justice, usually after a material change of circumstances.

Forms EX740 and EX741

Two gov.uk forms carry the information the court needs:

• EX740 is for the person who has made allegations of abuse. It tells the court about any conviction, caution, charge, injunction or evidence, and can ask the court to stop in-person questioning in either direction.
• EX741 is for the person who has been accused. It covers the same ground from the other side, including whether you would be able to arrange your own legal representative to ask questions.

PD3AB paragraph 2.2 says the parties must complete the form when the court directs that a hearing where oral evidence may be given is to be listed. The court can also ask for it at another stage, ask only one party to complete it, or say it is not needed (paragraph 2.3). There is no court fee for either form, according to the current EX50 fee list. If you want to ask for a discretionary ban, PD3AB paragraph 3.4 lists what the application should cover: why no automatic ban applies, how the quality or distress condition is met, why a direction would not be against the interests of justice, and the section 31U factors.

What happens once a ban applies

Section 31W and PD3AB paragraphs 5 and 6 set the order of steps:

1. Alternatives first. The court considers whether there is a satisfactory alternative way to test the evidence, for example agreed written questions or narrowing what needs to be challenged. PD3AB paragraph 5.3 says the judge conducting the questioning is not, by itself, a satisfactory alternative at this stage.
2. Your own representative. If there is no alternative, the court explains the ban and invites the party to arrange a qualified legal representative, giving a date by which to tell the court who it is.
3. A court-appointed representative. If the party does not want to, cannot, or misses the date, the court decides whether it is necessary in the interests of justice for a court-appointed qualified legal representative to ask the questions. If so, it chooses one from a court-held list.

A qualified legal representative is a lawyer with rights of audience in family proceedings. When the court appoints one, section 31W(7) says they are "not responsible to the party". In practice that means they put the questions needed to test the witness's evidence; they do not run your case, advise you on it, or speak for you on other issues. Their fees are paid from central funds under section 31X and the 2022 fees regulations, and the gov.uk EX740 page confirms you will not have to pay. The Lord Chancellor's statutory guidance on the role came into force on 31 May 2024.

If no representative can be found

There are not always enough lawyers on the court's list. In Re Z (Prohibition on Cross-examination: No QLR) [2024] EWFC 22, the President of the Family Division said that if no representative is found within about 28 days, the case should go back to the judge for directions. The options then include a further adjournment, reviewing whether oral evidence is really needed, other alternatives, or, as a last resort, the judge asking the questions. Where the judge does ask them, the judge acts as a neutral channel: each party is usually asked to send their questions in writing beforehand, and the judge may leave out questions that are irrelevant or repetitive. Practice Direction 12J paragraph 28A also says the judge should be prepared, where necessary and appropriate, to conduct the questioning in domestic abuse cases.

Comparing the routes

Help with taking part: Part 3A and PD3AA

The questioning ban is separate from measures that help a party or witness give evidence. Under Family Procedure Rules Part 3A, if a party or witness is or is at risk of being a victim of domestic abuse, the court must assume their participation and evidence are likely to be diminished (rule 3A.2A) and consider participation directions. The measures in rule 3A.8 include screens or other ways of stopping the parties seeing each other, giving evidence by live link, and the help of an intermediary. Practice Direction 3AA requires a ground rules hearing before a vulnerable person gives evidence, and lets the court agree questions or topics in advance (paragraphs 5.2 and 5.5). PD3AB paragraph 6.4 confirms that appointing a representative does not stop the court also using these measures.

Preparing for questioning: process, not content

• Read every order carefully and note the date to tell the court whether you have arranged a representative.
• If a court-appointed representative is involved, they will usually get access to the bundle. Your written statement is the main way your account reaches the court, so make sure what is in the bundle is complete and in order.
• If questions must be submitted in writing, keep them short, one point each, and linked to the issues the court has identified. The court may edit or refuse them.
• Your own evidence must be your own account, in your own words. Nobody, including this guide, can tell you what to say.

For what the hearing itself looks like, see our guide to fact-finding hearings, and for the wider question of representation, is it worth getting a solicitor for a fact-finding hearing. If a non-molestation order is in place, our non-molestation order guide explains it, and representing yourself in family court covers the basics of hearings.

Legal aid may pay for your own lawyer in some domestic abuse cases. You can check if you can get legal aid on gov.uk.

Where EvidenceCanvas fits, and where it does not. EvidenceCanvas does not fill in or send form EX740 or EX741, does not write questions for anyone to ask, and cannot appear in court. It can help you put your own documents in date order and draft a chronology or witness statement from them, so your written account is clear before anyone is questioned.

Questions people ask

Can my ex cross-examine me in family court?

Not if an automatic ban applies (a relevant conviction, caution or charge, an on-notice protective injunction, or specified evidence of domestic abuse between you), or if the court has made a direction under section 31U. Otherwise, a party without a lawyer can usually ask questions, under the judge's control.

Is section 31G the rule that bans cross-examination?

No. The ban is in Part 4B of the Matrimonial and Family Proceedings Act 1984, sections 31Q to 31Z, with Practice Direction 3AB setting out the procedure.

Do I have to pay for a qualified legal representative?

Not if the court appoints one: their fees come from central funds. If you choose to instruct your own lawyer for the questioning, you pay unless legal aid covers it.

Will the court-appointed lawyer represent me for the rest of the case?

No. They are appointed only to put questions to a witness and are not responsible to you. You still present the rest of your case yourself.

Is there a fee for form EX740 or EX741?

No. The EX50 family fees list says there is no fee for these forms.

Does the ban apply to old cases?

It applies to proceedings started on or after 21 July 2022, including later applications within them. Proceedings started earlier follow the previous practice.

Checked on 23 October 2026: Matrimonial and Family Proceedings Act 1984, Part 4B (sections 31Q to 31Z, in force 21 July 2022); Practice Direction 3AB (paras 1.5, 2, 3, 5, 6); FPR Part 3A; Practice Direction 3AA; Practice Direction 12J (paras 28, 28A); Form EX740; Form EX741; QLR statutory guidance (in force 31 May 2024); Re Z [2024] EWFC 22 (paras 22 to 42); EX50 family court fees. General information for England and Wales, not legal advice. Your court's directions take priority over this guide.