When you’re in family court, the evidence you provide can make or break your case. But not everything you bring will be accepted by the judge. That’s where the idea of “admissible evidence” comes in – it’s the material the court will actually consider when making decisions. This guide explains what counts as admissible evidence, how to submit it properly, and common mistakes to avoid.
🔑 Key Takeaways
- Admissible evidence is what the judge agrees can be relied upon — it must be relevant, clear, and properly submitted.
- Common forms include texts, emails, witness statements, school records, medical notes, and police reports.
- Family court works on the “balance of probabilities” – more likely than not, based on the evidence.
- Missed deadlines, altered screenshots, or irrelevant material can make evidence inadmissible.
- Organise your case with a court bundle and link each piece of evidence to your Position Statement for maximum impact.
Not sure what evidence will hold up in court? Message us now on WhatsApp and we’ll guide you step by step.
Quick Navigation:
What Counts as Admissible Evidence?
In simple terms, admissible evidence is material the judge agrees can be relied upon in court. It must be relevant, clear, and submitted in the correct way. Irrelevant information, hearsay, or heavily edited documents may be rejected.
Family Procedure Rules set out how evidence should be presented – but the guiding principle is always the same: does this evidence help the court make a fair, child-focused decision?
Types of Evidence Used in Family Court
Family court allows a wide range of evidence, provided it’s relevant and properly submitted. Common examples include:
- Documentary Evidence – letters, emails, text messages, school records, medical notes, police reports.
- Testimonial Evidence – witness statements from yourself, teachers, neighbours, or professionals.
- Professional Reports – CAFCASS safeguarding letters, Section 7 reports, or social services assessments.
- Financial Records – payslips, bank statements, benefits records (often in child arrangements or support disputes).
- Photos & Videos – of living arrangements, injuries, or important events (so long as they’re genuine and dated).
Got screenshots, reports, or texts but not sure how to use them? Chat with us on WhatsApp for practical advice.
Rules & Burden of Proof
Family cases use the civil standard of proof – the “balance of probabilities.” That means the judge decides whether something was more likely than not to have happened, based on the evidence presented.
- Who can attend? Family court hearings are usually private, but parties, their legal reps (or McKenzie Friends), CAFCASS officers, and in some cases witnesses, can attend.
- Giving evidence: You may have to give oral evidence in addition to your written statement, answering questions under oath.
- Burden of proof: If you make an allegation, it’s on you to prove it. If you’re defending against one, the burden is on the person making the claim.
How to Submit Evidence Properly
Submitting evidence is not just about what you have, but how you present it:
- Follow court deadlines – directions will tell you when evidence must be filed, often at least 14 days before a hearing.
- Use a court bundle – evidence should be filed in an organised way. See our Court Bundle Guide.
- Submit copies, keep originals safe.
- Cross-reference in your Position Statement – our support ensures evidence is linked to your arguments.
- Disclose everything – evidence must also be shared with the other party; otherwise, it may be excluded.
Common Examples (Texts, Screenshots, Reports)
Dads often ask about everyday evidence – here’s what the court will (and won’t) consider:
- Texts & WhatsApp messages: Admissible if relevant and unedited, showing date/time and sender.
- Screenshots/social media posts: Can be used, but avoid selective cropping. Judges dislike cherry-picked or misleading material.
- Emails: Often persuasive, especially if they show patterns of behaviour (missed contact, threats, agreements).
- Police/medical reports: Highly influential in cases involving safeguarding or abuse.
- School reports/letters: Can help establish routines, attendance, and concerns about welfare.
- Non-Molestation Orders: Evidence for or against allegations (texts, police logs, witness accounts) is critical – see our Non-Molestation Defence service.
Mistakes That Make Evidence Inadmissible
Even strong evidence can be rejected if handled incorrectly. Common pitfalls include:
- Missing deadlines or failing to serve evidence correctly.
- Submitting hundreds of pages of irrelevant material.
- Sending altered or edited screenshots.
- Writing emotional narratives instead of presenting facts.
- Attacking the other parent rather than focusing on the child’s welfare.
Avoid these mistakes — message us today on WhatsApp for expert support preparing your evidence.
FAQs
When it comes to evidence, dads usually have the same burning questions: what’s allowed, what gets rejected, and how best to present it. Here are straight answers to the most common ones:
What is the best evidence for family court?
Independent documents (school, GP, police, CAFCASS reports) carry the most weight, alongside clear witness statements.
Are text messages admissible in UK family court?
Yes, provided they are genuine, dated, and relevant to the case.
Can WhatsApp messages or screenshots be used?
Yes – but avoid edits and include context (not just one-sided snippets).
What evidence do I need for a Non-Molestation Order?
Police reports, threatening texts, witness statements, or medical records can support your application or defence.
How do I prove emotional abuse in family court?
You can use witness statements, texts, social worker notes, or expert psychological reports.
What annoys judges in family court?
Late evidence, irrelevant material, long emotional rants, or obvious attempts to discredit the other parent.
What goes against you in family court?
Refusing contact, breaching orders, inconsistent parenting, or failing to follow court directions.
How can I impress a judge in family court?
Be prepared, stay calm, focus on your child, and present clear, organised evidence.
Can photos or videos be used as evidence in family court?
Yes – provided they are genuine, date-stamped where possible, and relevant to the issues being decided. They can support safeguarding concerns or show the child’s living arrangements.
Need Help Preparing or Presenting Evidence?
Evidence can decide the outcome of your case – but only if it’s submitted properly. At Dads Consultancy, we help fathers prepare bundles, statements, and evidence so their case is child-focused and court-ready.
Our services include:
✅ Related Reading
- Court Bundle for a Child Arrangements Order
- Fact-Finding Hearing in Family Court – Step by Step Guide
- Witness Statement for Family Law Court – Drafting a Compelling One
- Non-Molestation Orders – A Comprehensive Guide for Respondents
🧠 Insider Insight: Lach, our founder, is a qualified social worker who used to write Section 7 reports for CAFCASS — the very reports that influence court outcomes. Now he helps dads respond to them. Learn more about Lach’s background.
