Child Arrangements — How to prepare a statement for the Family Court

As an adviser there may be occasions when a client seeks your advice as to how to prepare a statement in family proceedings. This is a guide that you can run through with a client to help them. This guide is directed at preparing a in a child arrangements case.

This article was originally published on 7 May 2021 by Caroline Baluch and updated on 26 June 2024 and 9 July 2024 by Seetal Jandoo.

What is a statement?

A statement is a written document that sets out a client’s case.

When should a statement be given to the court?

It is important that a client appreciates that a statement is distinct from the actual court application itself. For example, when completing an application for a child arrangements order a client will have to briefly explain why they are making the application. The purpose of this is to enable the court to identify what the case is about, decide how quickly the matter should be listed and in which court.

A statement however, should set out fully the client’s case. When this full statement is made and submitted will vary from case to case but usually it could be anytime after the first court hearing.

Can anyone submit a statement to the court on a case?

A client should understand that they need the court’s permission to submit a statement to the court. Usually this permission is given at the first court court hearing. A client may be directed to file a statement, or they can ask the judge in the hearing.

A client may want a third party to make a statement in support of their case. This could be if the third party has witnessed something that is in dispute. An example could be if there is an allegation that there have been problems with the handovers of the child after contact and a client’s mother has witnessed this.

The court could ask why a statement is important and briefly what it will cover.

If the court does give permission this will be set clearly in a directions order made by the court.

A client needs to check carefully what the directions order says, as it will usually state:

• how the statement is to be completed; and
• what should be covered in the statement.

The directions order will say:

• what the deadline is for completing the statement; and
• what should be done with the statement once it is completed e.g. who it should be sent to and how

If a third party is to give a statement, that person needs to appreciate they may be asked to come to court and be cross examined on what they have said.

How important is the statement?

A client’s statement is very important as:

• it will be their main piece of evidence
• it may form the basis of their case
• it will be referred to in the proceedings and;
• a client may be asked questions about it.

If a client is going to represent themselves, the statement is even more important as it can guide the judge as to what a client says the issues are. It is essential therefore that a client takes great care when completing the statement.

What form should the statement take?

The court directions order should be checked to see if any guidance has been given to what form the statement could take. The court may, for example, have directed a client to complete the witness statement template for a child arrangements order. However, completing such a standard form is not usually compulsory and a client can draft their own. Should this be the case then you can refer a client to the attached document which sets out the headings to attach to the statement, the statement of truth and signature clause.

What should a client put in their statement?

The statement should tell a client’s story and it should:

outline the family relationships:

• who the applicant ( the person making the application) is, how old they are, where they live and what job do they do.
• who the respondent (person against whom the application is made) is, how old they are, where they live and what job they do.
• who the child or children concerned are, their date(s) of birth, how old they are, who they live with, and their relationship to the applicant and the respondent.

give some brief history on:

• when the parties’ relationship started
• when they split
• why they split
• what has been happening since the split

if they are the applicant they should explain briefly why they are making the application and:

• what order they want the court to make, and why
• any significant events which they think are important for the court to know about e.g. any abuse or violence

If they are the respondent they should explain:

• why they think the applicant is applying
• what they think should happen and why
• any significant events which they think are important for the court to know about e.g. any abuse or violence

How should the statement be laid out?

A client should take care with the layout of the statement and to bear in mind the following tips:

On the first page a client should ensure they put:

• their name
• the date the statement is signed
• If it is their 1st, 2nd or 3rd statement (as in the proceedings the client may have to make more than one statement)
• the case number and the court
• the names of the parties
• the childrens’ names and their dates of birth.

type the statement, if possible and standardise the format:

• use font size 12
• make sure each page is numbered
• each paragraph should also be numbered
• only print on one side of the paper
• use double line spacing (a space between each line)

use headings to indicate certain sections, for example:

• who the parties are
• brief history of the parties’ relationship
• reason for the application
• what order is a client applying for

where a client has been ordered to respond to a statement, they should read the court directions carefully to see what they have been asked to do. If the court direction is to respond to a statement from the other party, a client should go through each paragraph of the statement, making a subheading and comment on it. For example,

• Para 8 of the applicant’s statement:

“I do not agree with para 8 of the applicant’s statement because…”

• a client should also say what order they think the court should make and why
• keep things in date order — it is helpful to set out events in chronological order rather than jumping about
• keep it factual
• keep sentences and paragraphs short
• stick to the point
• try not to repeat points

Can a client attach things to the statement?

A client may want to show the court certain documents that they have in support of their statement. Such documents could for example be:

• copies of text messages
• emails
• letters

These can be attached to the statement as exhibits.

Each such exhibit should:

• be attached to the back of the statement
• have a sheet in front of the exhibit with the case number and details on as the first page of the statement
• be numbered with the number of the exhibit and the initials of the person making the statement. For example if the person making the statement is called Jane Smith then the exhibits are each labelled ‘JS1’, ‘JS2’ and so on. An example of the front sheet of an exhibit and the wording is found at the bottom of this article.
• be referred to in the main text of the statement. For example “ John sent me a text saying he was not going to return the children to me on 2nd April, this text is now attached marked exhibit JS1”

Does the statement need to be signed?

The statement should be signed at the bottom underneath a statement of truth. The wording of a statement of truth is below. If the court has asked for the statement to be emailed then an electronic signature will be accepted.

What happens once the statement is complete?

The court directions should be checked to see what directions have been given for when the statement should be sent to:

• the court and
• any other party

Copies of all statements made should be kept by a client. A client should not attach any original documents to the statement, in case they get lost, but retain the originals safely in case they need to be produced later on.

Further guidance

Practice Direction 22a- Written Evidence

Example of the front sheet of a statement

Example of the front sheet of an exhibit

Caroline Baluch is a Family Law Expert in the Expert Advice team at Citizens Advice.

Seetal Jandoo is a Family expert in the Expert Advice team at Citizens Advice.

The information in this article is correct as of the date of publication.

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