Family court
Family Court Evidence Checklist
Standard of proof: Balance of probabilities — more likely than not.
Family courts in DA cases focus on patterns of behaviour, not single incidents. Practice Direction 12J (private-law children proceedings) requires the court to identify and consider any allegation of domestic abuse, conduct a fact-finding hearing where appropriate, and ensure any contact ordered is safe and in the child's best interests. The leading authorities are Re H-N and Others (Children) [2021] EWCA Civ 448 (pattern of behaviour, coercive control) and F v M [2021] EWFC 4.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Documentary evidence
- Schedule of allegations (Scott Schedule) — chronological list of the worst/most representative incidents the court is asked to find proved.
- Text messages, WhatsApp, social media — screenshot showing date/time and full thread (not isolated snippets). Export originals where possible.
- Emails — keep originals in account, do not delete; print headers if needed.
- Voicemails / audio recordings — note that covert recordings are admissible but the court will weigh them carefully; legal advice recommended before relying on them.
- Photographs of injuries, damage to property, the home — with date metadata if possible.
- Medical records — GP notes, A&E records, sexual assault referral centre (SARC) records.
- Police logs — disclosure of all call-outs, body-worn footage, MG11 statements, DASH risk assessment, MARAC minutes.
- Independent witnesses — neighbours, family, friends, professionals — short statements.
- Refuge / IDVA / support service records.
- Financial evidence of economic abuse — bank statements, controlled access to accounts.
Welfare evidence (where children involved)
- CAFCASS s.7 report (or CAFCASS Cymru in Wales).
- Local authority s.37 report where care threshold may be crossed.
- School reports — attendance, behaviour, pastoral notes.
- Health visitor / CAMHS records.
- Child's own wishes and feelings (age-appropriate).
How to log incidents
- Record what happened, when (date + time), where, who was present.
- Use the perpetrator's own words in quotes where you can remember them — verbatim quotes carry weight.
- Note physical evidence (injuries, broken items) and where photos/recordings are stored.
- Note who you told and when (text a friend so there is a contemporaneous record).
- Keep originals safe — print/back up regularly; the journal in this app preserves an audit trail of changes.
What the court is looking for in 'strong' allegations
- A coherent, internally consistent narrative supported by independent material.
- Pattern of behaviour rather than one-off arguments (Re H-N).
- Corroboration from third parties or contemporaneous records (texts, medical notes).
- Specific dates and incidents, not generalities.
- Honesty about gaps and uncertainties — overstating damages credibility.
- An explanation of any delay in disclosure (common and explicable in DA).