Things You Should Not Do When Giving Evidence

In my view, there are many things you should not do when giving evidence.

The list of below is not exhaustive, nor is it placed in any particular order of importance.

When giving evidence you should avoid lying.

If caught lying, it never bodes well for you.

It is much better to acknowledge an error of judgement than be dishonest about it.

Another thing that you would be unwise to do is make allegations that are not supported by clear evidence.

Whether you are a parent or a professional witness such as a social worker, you need to be careful of the claims you make.

What you say, should not only be supported by evidence, but should also be relevant.

I recall a professional witness referring to a client as being obese.

The person referred to could have been described as slightly overweight.

However, they did not appear grossly overweight and more importantly, their weight was irrelevant.

Since it did not affect their ability to adequately care for the child in question.

One of the mistakes a lot of witnesses can make is to get into an argument with the lawyer cross-examining you.

Simply state your view and the reason you have come to your conclusion.

Arguing with a lawyer never presents you in a positive light and never helps to get your point across.

Maintaining your self control and positive attitude is key throughout giving your evidence.

Getting angry, shouting, swearing, being sullen, aggressive or sarcastic, are not actions that are helpful to your case.

Bear in mind all the time, also, that the court is concerned with the welfare of the child, not you.

Your focus then, should be on what is in the best interests of the child throughout your evidence.

Rushing to answer questions without taking the time to listen fully to the question is not advisable.

There is no need to rush. Hurrying invariably guarantees you will make mistakes and if you don't listen to the question, how can you hope to provide a worthwhile answer.

In my book, there is a whole chapter on the Do's and Don'ts of Giving Evidence.

Family Court: Giving Evidence In Family Court: Amazon.co.uk: Watson, Michael: 9781527276642: Books