Responding to an FL401 application
If you disagree with all or part of what has been said, the court will usually want to hear your account. Careful preparation can help you present it clearly and calmly.
Your witness statement
A witness statement is your own written account, signed with a statement of truth. The court will usually give directions about when and how to file it. Keep to facts, dates and your own experience.
Making a clear timeline
- List events in date order
- Say what happened, where and who else was present
- Respond directly to each point the applicant has made
- Say clearly where you agree and where you do not
- Leave out opinions about the applicant's character
Evidence to gather
- Messages, emails and call logs
- Photographs, with dates where possible
- Documents relating to the home, work, children or finances
- Names of people who may be able to confirm relevant facts
Do not contact the applicant to ask them for evidence, and do not pressure anyone to write a statement.
Tone matters
Courts look closely at how people present themselves. Be respectful and factual. Avoid insults, exaggeration or long arguments about past disputes.
Bringing it all together
- Number the pages and keep copies
- Put documents in date order with a simple index
- Bring several copies to court
- Keep your papers away from anyone who should not see them
Justice Centre helps you organise your account and supporting documents and prepare for court. We do not give legal advice or draft legal arguments. A solicitor can advise on the content. See legal aid.
Common questions
Do I have to reply to an FL401 application?
You do not have to, but the court may decide based only on the applicant's evidence. Attending and responding is usually in your interests.
How long should my witness statement be?
As long as it needs to be to cover the allegations clearly, and no longer. Plain, factual and in date order works best.
Can Justice Centre write my statement?
We help you organise your account and documents. We do not give legal advice. A solicitor can advise on the content.
What if I miss the deadline?
Contact the court as soon as you can and get support. Courts can decide in your absence.
Take the first step
Tell us a little about your situation and we will explain how we can help. Everything you share is treated in confidence.
Make a Referral