Writing a statement in response
A statement in response answers the other party's statement. The judge will read the two side by side, so the easiest statement to follow is one that takes their points in order and answers each one.
The layout the court expects
- The court name and case number at the top, then the parties ("Applicant" and "Respondent").
- A title, for example "Statement of the Respondent in response", and the date it was made.
- Numbered paragraphs, written in the first person ("I"), in plain English.
- Documents you rely on attached as exhibits, each with a reference (for example "DW1") and listed at the end.
- The statement of truth, signed and dated.
Answer them paragraph by paragraph
| They say | You say |
|---|---|
| "In paragraph 4 she says I can easily afford to rent." | "That is not right. My net pay is £4,156 a month and a letting agent assessed that I cannot rent while paying the mortgage (exhibit DW3)." |
| "In paragraph 6 she says the child stays because I won't let him go." | "He lives with me under the order of 7 July. His school reports he is settled (exhibit DW5)." |
Agree where you can. It makes the rest of what you say more credible.
The statement of truth
Family witness statements end with this wording, set out in Practice Direction 17A, paragraph 2.2. You sign and date it:
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. I believe that the facts stated in this witness statement are true.
Before you file
- Check it is within any page limit in your order.
- Check every date and figure against the document it comes from.
- File it with the court and serve it on the other side by the deadline.
General information about procedure in England and Wales, not legal advice. EvidenceCanvas is not a law firm. For advice on your own case, speak to a solicitor, a LawWorks clinic or Citizens Advice.