In most court cases involving children, the parents will, at some point, have to write a witness statement for the court.
For the parents involved, this is their opportunity to tell the court their side of the story. These are different to position statements and statements specifically about allegations of harm or abuse.
It sounds easy to do, but there are pitfalls to avoid.
Remember, the person reading this statement will be a Cafcass officer or Judge. So, make it personal to you – use your children’s names (rather than calling them ‘the children’ throughout the document). You should also use the others parent’s forename – try and avoid calling them the ‘Applicant’ or ‘Respondent’. It’s very impersonal and does not reflect what you actually call them in real life.
Try and stick to the facts of what has happened. Avoid too much comment and opinion about things that have happened.
Always be respectful towards the other parent. Avoid overly criticising them. Any criticism needs to be measured and focused on the needs of the children.
Ultimately, the court is trying to see your disagreement from your children’s perspectives.
Try and keep your statement focused on them and their welfare. By doing so, you should hopefully be encouraging the Judge to take on board what you are saying.
For a witness statement template – please click here.
If you would like any help in drafting your statement, or your case generally, contact us on 0117 214 1797 or email us at office@childreninthemiddle.co.uk