One of the main differences between family and criminal proceedings is the way that decisions are made. For criminal court, everything relies on evidence and cases have been lost due to lack of it. At family court, the magistrates are convinced on the ‘likelihood’ of one case being truer than the other. This means that a mother’s success at family court depends on her ability to convince the magistrates that her side of the story is truer than her ex’s. Having evidence to support any claim that you make will give your case credibility.
What evidence do you have?
Personal Statement
Could you get a statement from someone who has personal knowledge about the relevant facts or events in your case? A statement from a witness must be truthful and explain what the person has seen or heard for themselves not repeating what you have told them.
Expert Evidence
Though I have read that you cannot request a professional report without the court’s permission, you can ask an expert to write a letter on your behalf. Your doctor could confirm any illness or any medication you have to take due to stress. Your child’s teacher could write a short note on your child’s well-being. The key to expert evidence is that it remains within the context of your case. The purpose of proof is to support what you are claiming to be true.
Text Messages
Do you keep your messages? Read them again to see what can support your case.
Social Media
Sceenshots from social media can be: evidence of reckless behaviour, inappropriate lifestyle, slanderous comments and negative opinions. Remember, if you are going to bring your ex’s social media to the attention of the court, the door is open for your own account to be scrutinised.
Diary Entries
Do you keep a private diary to record your thoughts, feelings, opinions and emotions? Is there anything in your diary that could support your case? You don’t have to present your entire diary to the court. You can photocopy the relevant pages and blackout anything not needed.
To create a convincing case and persuade the magistrates that your case is in the best interests of your child, have evidence to support you. Check out
Representing yourself at family court doesn’t have to be a disadvantage. Can you think of any other evidence that could help another mother at family court? Leave a comment and share your thoughts.
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