When you are asked to answer questions yourself at family court or arbitration hearings, it is known as providing oral evidence about your case and is commonly referred to as “giving evidence.”
When might you have to provide oral evidence?
You are usually only required to give evidence at the following
types of family law hearings:
– Final Hearing for financial court proceedings
– Final Hearing for children court proceedings
– A Final Hearing in arbitration
– A Fact-Finding Hearing for either children or finances.
The importance of your oral evidence to support your case.
The importance of your oral evidence lies in its ability to provide the court with a better understanding of your situation and the issues in your case. This includes:
Context
Oral evidence allows judges to grasp the nuances of a case, including the emotional dynamics and complexities unique to each family situation. Your firsthand testimony provides context that written evidence alone may lack, aiding judges in making informed decisions about your case.
Credibility
It can provide context, emotion and nuance that may not be apparent from written documents alone. It gives you the opportunity to emphasise the important points of your case. Allowing you to explain matters in your own words, can help the judge or arbitrator to assess your credibility and sincerity. It is an opportunity to help the judge understand how you see and feel about the situation, as well as what your concerns are and how things might be resolved.
Clarification
Oral evidence enables the court to ask you questions for clarification or to delve deeper into specific issues, ensuring a more complete understanding of your case. It also allows for cross-examination, which can help to reveal any inconsistencies or inaccuracies in the evidence presented.
Child Welfare
In cases involving children, oral evidence can be critical in assessing the child’s best interests by hearing directly from you as the parent, as well as any other caregivers, or experts.
Connection
Hearing testimony directly from you, humanises the legal process, fostering empathy and understanding. This allows the judge to better comprehend the impact of their decisions on the lives of those affected, promoting fair and compassionate judgments.
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Witness Preparation Training
The thought of answering questions in court can be daunting and you will want to feel as calm and confident as possible. Find out about my witness preparation training, to help put yourself in the best position for providing your oral evidence. Click here: Client Guide to Witness Preparation Training.
I also have an eBook on giving oral evidence in the family court, which can be purchased and downloaded here: Giving Evidence in the Family Court eBook.
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“I just wanted to say a huge thank you for all the work you did with X. You certainly worked some magic. The way he gave evidence yesterday was brilliant. He said to me how pleased he was that he got to have a session with you as it really did help him. Thank you so much.”
Hannah Field, Partner at Russell-Cooke
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Why I became a divorce consultant.
