Preparing Evidence
Family courts work on the basis of 'the balance of probabilities' when assessing the truth of allegations or reports of how children are presenting at home, in school, at your ex-partner's home and in their presence. It's important to gather as much concrete evidence that you can in order to support your C100 form and C1A form if it's relevant to your circumstances. Evidence is your foundation and helped the judge understand your situation clearly, it doesn't have to be complex or legalistic, a letter from a GP, mental health support worker, an evidence tracker, can support the judge to make decisions in the best interests of your child(ren).
What types of evidence can I collect?
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Evidence Tracker
Observations of behaviour
Notes changes in behaviour such as nightmares, aggression, withdrawal and clinginess.
You can check what is developmentally appropriate for your child's age:
Drawings, diary entries, or verbal disclosures made by your child. Record these as factually as possible, including direct quotes of what your child is saying.
Witness statements from trusted adults such as family, friends or neighbours.
Phone records, text messages, emails, or social media messages showing threats or controlling behaviour.
Our Evidence Tracker Template can help you organise this evidence into a a clear and structured format for court:
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Specialist Services
For you
Letters from domestic abuse support services.
Letters from Independent Domestic Violence Advisors or Independent Sexual Violence Advisors.
For children
Letters from children’s domestic abuse services.
Notes from CAFCASS safeguarding checks or reports.
Evidence from social services assessments under Section 47 (The Children Act 1989)
School
Reports from teachers noting any changes in behaviour, attendance, or disclosures.
Notes from school safeguarding leads.
Letters confirming referrals to social services or Multi-Agency Risk Assessment Conferences (MARAC)
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Support Services
Police & Court
Police reports, crime reference numbers, or records of call-outs.
Copies of any criminal charges, cautions, or convictions.
Existing protective orders
e.g., Non-Molestation Order, Occupation Order
Health & Medical
For you
GP or hospital records showing injuries, stress, anxiety, or other effects.
Letters or reports from health professionals such GP, nurse, counsellor or midwife.
Photographs of injuries or damage to property.
For children
GP records showing injuries, emotional distress, or anxiety.
CAMHS (Child and Adolescent Mental Health Services) assessments.
Reports from child therapists, play therapists, or psychologists.
Next Steps
Now that you know about the types of evidence you can collect, how do you feel about your next steps?
Family Court Orders
I need to know about how these types of evidence link to the court order I'm asking for, or I'm not sure what order I need.
Court Forms
I have my evidence and I need to know how to fill out the correct court forms for the order that I need.
How to: Court Hearings
I've checked that I have my evidence in place, I've filled in and submitted my applications to court and I need to prepare for my hearing.