Giving Evidence

So, you're going to the family court to give evidence.

But what are you actually doing when giving evidence and being cross-examined?

Are you relaying a story?

Expressing your point of view?

Explaining or defending your actions?

Describing an incident or event?

Arguing your case?

Empathising with the child's feelings and experiences?

Outlining critical pieces of information?

Pointing out your observations?

Stating what you think is in the child's best interests?

Analysing a parent's strengths and frailties?

Providing the court with an insight into an aspect, or issue in the case?

Influencing and persuading?

Identifying the support a parent needs?

Providing evidence of abuse?

Explaining how a child is being harmed?

Providing a summary of the child's lived experiences?

Discussing a child's timescales?

Stating what a child's specific needs are?

Giving a summary of a parent's understanding of professional concerns

Offering a view of a parent's ability to work with professionals?

Outlining issues of risk or concern?

Or, recommending solutions?

The above represents only a selection of the things that you do, and may be asked to do whilst in the witness box, since giving evidence incorporates a wide variety of tasks.

No doubt, you can think of many other things you do when giving evidence, but what I am attempting to highlight, is both the sheer extent of the different things you have to do, when in the witness box; as well as the diverse aspects you can decide to focus on, in response to questions put to you.

Giving evidence is without doubt, a very complex task, requiring that you utilise a range of different knowledge and skills simultaneously.

Far from simply answering questions - some of which have been specifically designed to be difficult or to pose you problems - your task demands of you, the exercise of patience, discipline, flexibility, dexterity, knowledge, thoughtfulness and poise.

It's not only necessary to have the patience, to listen to the entire question; but to give good evidence, you have to exercise the discipline, of sifting through the various ways in which, you could answer the question. Then selecting that way which best answers the question, and is consistent with the evidence before the court.

Your key task is to influence the court, by offering cogent arguments, consistent with what is in the best interests of the child, and presented in a manner that inspires confidence, and belief in the strength of your character and evidence.

All the judge has to go on, when evaluating your evidence, is your written evidence, and what he or she sees of you, whilst in the witness box. So you have to make a good first impression - it's the only one you get!