Giving Evidence in Family Court: A Guide for Social Workers

The Role of Oral Evidence

Giving oral evidence in family court is one of the most challenging aspects of social work. Your written statement sets out your evidence, but it's in the witness box that your evidence is tested through cross-examination. This guide helps you prepare and perform effectively.

Remember: Your role is to assist the court in making the best decision for the child. You are not there to "win" but to give truthful, balanced, and helpful evidence.

Before the Hearing

Know Your Case

• Re-read all your statements carefully
• Review your case notes and key documents
• Refresh your memory on key dates and events
• Read the other parties' statements
• Understand the issues in dispute

Meet with Your Lawyer

• Discuss what questions to expect
• Identify potential challenges to your evidence
• Understand the legal issues
• Clarify the local authority's position

Practical Preparation

• Know where the court is and how to get there
• Arrive early to settle your nerves
• Dress professionally
• Bring a copy of the court bundle
• Have your notes organised

In the Witness Box

Taking the Oath

You will be asked to take the oath or affirm. Speak clearly and remember that from this point, everything you say is evidence.

Examination-in-Chief

Your own lawyer will ask questions first. This is usually straightforward—confirming your statement and addressing any updates. Stay calm and answer clearly.

Cross-Examination

Other parties' lawyers will then question you. Their job is to test your evidence and highlight weaknesses. This can feel adversarial, but it's a normal part of the process.

Re-Examination

Your lawyer may then ask follow-up questions to clarify anything that came up in cross-examination.

Questions from the Judge

The judge may ask questions at any point. Answer these carefully—they often go to the heart of the issues.

Answering Questions

Listen Carefully

• Let the question finish before answering
• Make sure you understand what's being asked
• Ask for clarification if needed
• Don't assume what the questioner wants

Answer the Question Asked

• Be direct and concise
• Don't volunteer extra information
• Don't anticipate the next question
• If it's a yes/no question, answer yes or no (then explain if needed)

Be Honest

• If you don't know, say so
• If you can't remember, say so
• If you made a mistake, acknowledge it
• Never guess or speculate

Handling Difficult Questions

Closed Questions

Lawyers often use closed questions to control your answers. If the question is misleading or oversimplifies, you can say: "I can't answer that with a simple yes or no because..."

Hypothetical Questions

You may be asked "what if" questions. Be careful about speculating. You can say: "I can't speculate about that" or "That would depend on the circumstances."

Leading Questions

These suggest the answer the questioner wants. Don't be led into agreeing with something you don't agree with. Politely correct inaccuracies.

Questions About Procedures

If asked about policies or procedures you're not certain of, it's okay to say you would need to check. Don't guess at policy details.

Personal Criticism

Cross-examination may feel personal, but try not to become defensive. Stay calm and professional. If your practice is criticised, you can acknowledge any errors while explaining your reasoning at the time.

Common Cross-Examination Tactics

The Rapid-Fire Approach

Quick successive questions designed to fluster you. Slow down, take your time, and ask for questions to be repeated if needed.

The Friendly Approach

Building rapport before asking difficult questions. Stay alert—friendly doesn't mean the questions aren't challenging.

Quoting Out of Context

Taking phrases from your statement or records and presenting them selectively. Ask to see the full document if context matters.

Contradictions

Highlighting apparent inconsistencies in your evidence. If there's an explanation, give it calmly.

Staying Professional

Body Language

• Face the questioner but address answers to the judge
• Maintain a calm, open posture
• Don't cross your arms or appear defensive
• Make appropriate eye contact

Tone of Voice

• Speak clearly and at a moderate pace
• Don't raise your voice
• Stay calm even if questions feel unfair
• Avoid sighing or showing frustration

Emotional Regulation

It's normal to feel anxious or frustrated. Take a breath before answering difficult questions. Ask for a break if you need one (though this may need the judge's permission).

After Giving Evidence

Debrief

• Discuss with your lawyer how it went
• Reflect on what went well and what was challenging
• Note any learning for future cases

Self-Care

Giving evidence can be stressful. Take time to decompress afterwards. Talk to colleagues or your manager if you need support.

Special Situations

Remote Hearings

• Test your technology in advance
• Find a quiet, private space
• Have documents accessible
• Look at the camera when speaking
• Mute when not speaking

High-Conflict Cases

In cases involving hostility or threats, discuss security arrangements with the court. You may be able to give evidence via video link or with screens.

Conclusion

Giving evidence is challenging but essential. Preparation is key—know your case, anticipate questions, and stay calm. Remember that your role is to help the court make the best decision for the child, and that means being honest, balanced, and professional even when under pressure.