Family court proceedings concerning children operate under their own specific rules, expectations, and sensitivities. Evidence that would be straightforwardly admissible and persuasive in a civil dispute can be viewed very differently in a family court, where the overriding consideration is always the welfare of the child, and where the court is alert to evidence-gathering that looks more like a tactic in an adult conflict than a genuine contribution to understanding what is best for the child.
This article explains what good evidence gathering for family court proceedings looks like, and the principles that should guide it.
The Welfare Principle
Section 1 of the Children Act 1989 establishes that the child’s welfare is the court’s paramount consideration in any proceedings concerning their upbringing. Every piece of evidence presented to the family court should be capable of being understood as relevant to that question. Evidence that is relevant only to which parent ‘wins’ an argument, without bearing on the child’s actual welfare, is unlikely to be helpful and may reflect poorly on the party presenting it.
What Makes Good Evidence
Relevance to welfare: evidence should clearly connect to a welfare consideration: the child’s safety, their emotional wellbeing, the stability of their care arrangements, or another factor the court must weigh under the welfare checklist in section 1(3) of the Children Act 1989.
Objectivity: evidence gathered by an independent, professional source — rather than the parent’s own account — carries more weight precisely because it is not coloured by the inherent bias of a party to the dispute. A professional investigation report, prepared by someone with no personal stake in the outcome, is more persuasive than the same observations made by the parent themselves.
Proportionality: the scope of the evidence gathering should be proportionate to the concern it addresses. Extensive surveillance or investigation in response to a minor or speculative concern is likely to be viewed unfavourably.
Lawfulness: evidence obtained unlawfully — through unauthorised access to devices or accounts, through surveillance that amounts to harassment, or through any other improper means — creates legal risk for the party who obtained it and may be excluded or given little weight.
Common Types of Evidence in Family Proceedings
- Contemporaneous notes of specific incidents, including dates, times, and as close to verbatim records as possible of anything a child has said.
- Communications between the parties — texts, emails — that are relevant to the issues in dispute, gathered and presented in full and in context, not selectively edited.
- Professional reports: from a Cafcass officer, a social worker, a GP, or a school, where these are relevant and have been obtained through the appropriate channels.
- Independent investigation findings, where there is a specific welfare concern that warrants investigation and where the investigation has been conducted proportionately.
Working With Your Solicitor
Evidence gathering for family proceedings should always be discussed with your solicitor before it is undertaken, not after. A solicitor can advise on whether a specific concern is one that evidence-gathering can usefully address, what form of evidence the court is likely to find persuasive, and how to ensure that the evidence gathering itself does not create problems for your case.
At UKPI, we work closely with family solicitors and can be instructed directly by you or through your legal representative. We produce our findings in a form that is structured for use in proceedings, and we are always willing to discuss our proposed approach with your solicitor before any investigation begins.
Need evidence for family court proceedings? Contact UKPI Detectives to discuss how we can help.