Common witness statement mistakes in family court
Our witness statement format guide shows the layout and a template. This page goes through what goes wrong, in roughly the order judges and lawyers see it, with the rule each mistake runs into.
Mistakes in what you write
1. Not in your own words
The rule. PD22A para 4.1: a witness statement must, if practicable, be in the maker's own words and in the first person. The President's Memorandum on witness statements (10 November 2021) says it must contain only evidence from the maker.
What goes wrong. Statements copied from online templates, written in legal phrases you would never use, or produced by software and not changed. At a final hearing your statement usually stands as your evidence in chief (FPR rule 22.6(2)), and you can be questioned about every line (rule 22.11). If a sentence does not sound like you, or says something you cannot explain, it can undermine the rest.
Instead. Read it aloud. Change anything you would not say. If a draft says something that did not happen the way it is written, take it out.
2. Argument, opinion and commentary instead of facts
The rule. The memorandum (para 7) says a statement must not argue the case, express the witness's opinions, use rhetoric, take the court through the documents, or set out a narrative derived from the documents.
Instead. Write what you saw, heard, said and did, and when. Leave the conclusions to the judge and the arguments to a position statement or what you say at the hearing. Proposals for the children's future are allowed, but the memorandum (para 10) treats them as information and belief, so give the basis: "I can collect from school on Fridays because my shift ends at 2pm."
3. Hearsay without a source
The rule. PD22A para 4.3: say which statements come from your own knowledge and which are matters of information or belief, and give the source of the latter. In children cases, hearsay about a child's upbringing or welfare can be admitted (Children (Admissibility of Hearsay Evidence) Order 1993), but the judge decides how much weight to give it.
Instead. "My sister, Jo Smith, told me on 3 May 2026 that she saw..." is evidence the judge can weigh. "Everyone knows that..." is not.
4. No dates, or vague ones
The rule. PD22A para 3.3: numbers, including dates, in figures. Para 4.4: it is usually convenient to follow the chronological order, with each paragraph confined, as far as possible, to a distinct part of the subject.
Instead. Give the date, or the best you can honestly say ("the week of 9 March 2026", "around Easter 2025"). The memorandum (para 14) warns that memory is fluid, so be careful with confident statements about old events unless a document from the time backs them up. A chronology built first makes the order of events much easier to keep straight.
5. Children's words quoted at length, or children drawn in
What goes wrong. Parents question children about the other parent, record them, ask them to write letters to the judge, or put long quotes from them in a statement. Cafcass does not speak to children before the first hearing (PD12B para 13.6), and the court has its own ways of hearing a child's wishes and feelings, usually through Cafcass. Evidence gathered by questioning a child can itself raise welfare concerns.
Instead. If a child said something unprompted that matters, record when, where and the exact words briefly, and what you did next. Leave questioning to the professionals. Our guide to the Cafcass section 7 report explains how children's views usually reach the court.
6. Answering every sentence in the other side's statement
What goes wrong. A reply that rebuts every line, including points that do not matter to the children, buries the few answers that do.
Instead. Agree what you can. Answer the points that bear on the decision, by paragraph number. A line such as "I do not accept the remaining allegations; I have dealt with those that are relevant to the children's arrangements" is common. Our statement in response guide shows a side-by-side layout. If there are allegations of harm the court may decide at a fact-finding hearing, the court will usually give specific directions about how to respond.
Mistakes with exhibits
7. Documents mentioned but not referenced
The rule. PD22A para 3.2 puts the exhibit marks on the first page; para 4.5 gives the wording for referring to an exhibit ("there is now shown to me marked..."); para 9.4 says exhibit numbers run on consecutively through all your statements in the same case, rather than starting again at 1. The memorandum (para 11) asks for a list of documents you referred to, and says documents already disclosed should be identified by their reference, not attached again.
Instead. Give each exhibit your initials and a number (for example AB1, AB2), mention it in the paragraph it supports, and list them at the end.
8. Hundreds of screenshots dumped in
The rule. Since 2 March 2026, PD27A para 5.2 says text messages, WhatsApp, emails, social media, recordings, photographs and bank statements must not go into the bundle unless the court directs otherwise, although specific documents the court needs to read can be included.
Instead. Choose the handful of messages that prove a disputed fact, and say in the statement what each one shows. Our WhatsApp and text evidence guide covers selecting and presenting them.
Mistakes in form, length and filing
9. Old or wrong statement of truth
The rule. FPR rule 17.2 requires a witness statement to be verified by a statement of truth. Practice Direction 17A para 2.2 gives the form for a witness statement. It begins: "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." It then continues: "I believe that the facts stated in this witness statement are true."
What goes wrong. Using an older one-line version, rewording it, or adding "to the best of my knowledge" in a way that changes its meaning. Rule 17.6 explains why it matters: a false statement without an honest belief in its truth can lead to contempt proceedings.
10. Unsigned, or altered without initials
The rule. The maker signs the statement of truth (rule 17.2(6)(b); PD17A para 3.2). PD17A para 4A.1 allows an electronic signature, such as a typed name or an image of a signature, unless the court directs a particular form (para 4A.2). PD22A para 5.2: alterations must be initialled; para 5.3: without initials the document can be used only with the court's permission. Rule 17.4: the court may direct that an unverified statement is not admissible.
Instead. Sign and date it last, after the final read-through, and file the final version, not a draft.
11. Too long
The rule. PD27A para 8.1: a witness statement in the bundle must not exceed 25 pages, excluding exhibits, unless the court directs otherwise. The memorandum (para 16) sets 15 pages as a general standard of best practice. Your order may set a lower limit; that limit applies. PD27A also expects at least 12 point type with 1.5 or double spacing (para 12.2).
Instead. Cut background the judge does not need, repeated incidents (describe one or two and say how often it happened), and anything you cannot speak to yourself.
12. Filing a statement the court did not ask for, or late
The rule. FPR rule 22.1 lets the court control the evidence: the issues it wants evidence on, the nature of that evidence and the way it is placed before the court, and it can exclude evidence that would otherwise be admissible. Rule 22.5 lets the court direct service and filing. If you do not serve a statement within the time the court specified, rule 22.10 says the witness may not be called to give oral evidence without permission.
Instead. Read the order for the date, the topics and any page limit. If you need more time, or permission to file something extra, ask the court before the deadline, explaining why (often on form C2; see our C2 guide).
One more: privacy
Children cases are normally heard in private. Publishing information about them can be a contempt of court under section 12 of the Administration of Justice Act 1960, and section 97 of the Children Act 1989 restricts publishing anything likely to identify a child as involved. FPR rule 12.73 lists who you may share information from the case with, such as your lawyer or a McKenzie friend. Do not post your statement, or the other side's, online, and do not upload it to public websites for feedback.
If domestic abuse is part of your case, check whether you can get legal aid; it usually depends on your means and on evidence.
Where EvidenceCanvas fits, and where it does not. EvidenceCanvas does not sign, file or serve your statement, does not decide what the court wants evidence about, and cannot tell you whether your statement complies with your order. It can draft a witness statement or a statement in response from the documents you upload, checks its own draft once and marks anything it cannot fix for you to resolve. No person reads a draft before you get it; drafts can be wrong, and because the words must be yours, you change anything that does not sound like you and check every line.
Questions people ask
- What is the correct statement of truth for a family witness statement?
- Practice Direction 17A paragraph 2.2 sets it out: a sentence saying you understand contempt proceedings may be brought against anyone who makes a false statement without an honest belief in its truth, followed by "I believe that the facts stated in this witness statement are true." You then sign and date it.
- Can I sign my witness statement electronically?
- Yes, unless the court directs otherwise. Practice Direction 17A paragraph 4A.1 says signing includes an electronic signature such as a typed name or an image of a signature.
- Can I write about what my child told me?
- You can record briefly what a child said unprompted, with the date and exact words, because hearsay about a child's welfare can be admitted in children cases. The judge decides its weight. Questioning children to gather evidence is a different matter and can raise welfare concerns.
- Can I send in another statement without being asked?
- The court controls the evidence under FPR rule 22.1 and can exclude it. If something important has happened, ask the court for permission to file further evidence, usually explaining why it matters.
- How many pages can my witness statement be?
- No more than 25 pages, excluding exhibits, under Practice Direction 27A paragraph 8.1, unless the court directs otherwise. The President's 2021 memorandum says 15 pages is best practice, and your order may set a lower limit.
Checked on 23 October 2026: FPR Part 22 (rules 22.1, 22.4 to 22.7, 22.10, 22.11); Practice Direction 22A (paras 3.2, 3.3, 4.1, 4.3 to 4.5, 5.2, 5.3, 9.4, 14.1); FPR Part 17 (rules 17.2, 17.4, 17.6); Practice Direction 17A (paras 2.2, 3.2, 4A); Practice Direction 27A (paras 5.2, 8.1, 12.2); President's Memorandum: Witness Statements (10 November 2021); FPR Part 12 (rule 12.73) and PD12B (para 13.6); Children (Admissibility of Hearsay Evidence) Order 1993; Administration of Justice Act 1960, section 12; Children Act 1989, section 97. General information for England and Wales, not legal advice. Your court's directions take priority over this guide.