Looking for help in your family court proceedings?Bridge The Gap is a free, community-built guide to UK family court, written by litigants and McKenzie Friends, for litigants. Real observations, plain English, and people who can help..
The information a party puts before the court to prove or disprove a fact. Part 22 of the Family Procedure Rules sets the framework: the court controls what evidence it needs, how it's given, and can exclude evidence even if it's technically admissible. The general rule is that at a final hearing, facts are proved by oral evidence (witnesses speaking in court), while at interim hearings they're proved by written evidence (witness statements). A witness statement stands as the witness's evidence-in-chief; hearsay is generally admissible in family proceedings, but the court can limit cross-examination and control how evidence is put before it.
In Plain English
The information, such as documents or witness statements, used to prove the facts of a case to a judge. The court decides which information is allowed and how it should be presented during a hearing.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
Gap #592
The assumption
A mortgage capacity report is just the figure a comparison site gives me, so I can sort it out myself.
The reality
A mortgage capacity report is a written statement from a regulated mortgage adviser setting out what a lender would realistically advance to that person, on what basis, and against the housing need being put forward. It has to reflect the real picture: income, existing credit commitments, child maintenance, deposit or share of equity, and age at the end of the term. A calculator figure usually leaves most of that out, and a report that leaves it out is the one most likely to be challenged. In financial remedy proceedings a report like this is normally directed as part of disclosure, rather than left to each party's own say-so. In the Express Financial Remedy pilot the timetable places valuations and mortgage capacity evidence shortly after Form E, so the deadline arrives sooner than most people expect. Reports are usually arranged over days or weeks rather than on the day, which is why the adviser needs to be in place before the direction bites. A McKenzie Friend cannot prepare the report or give mortgage advice; that has to come from a regulated adviser. What they can do is help you work out what the direction is actually asking for, keep the figures you disclose consistent with your Form E, and point you towards advisers who prepare these reports for litigants. Help Network (helpnetwork.co.uk) is one service people use: it prepares court-ready mortgage capacity reports and works alongside solicitors, mediators and McKenzie Friends. Treat any introduction as a starting point rather than a recommendation. Check the adviser's regulation yourself, agree the fee in writing before anything is prepared, and be sure the report addresses the housing case you are actually putting to the court.
Gap #557
The assumption
Cafcass will look at all the evidence you've gathered.
The reality
Parents frequently report that Cafcass officers declined to review evidence they brought to interviews — texts, photos, police reports, or drug test results. Cafcass officers are not investigators; their role is to assess and advise, and they may not examine evidence you assumed would be considered. If you have evidence you believe is critical, do not rely on Cafcass to find it — file it with the court directly, ask the court to direct that it be considered, and request that its relevance be addressed in the report.
Gap #555
The assumption
Completing free or low-cost online courses (like Alison) counts as a qualification the court will recognise in family court proceedings.
The reality
Free or low-cost online courses (like Alison) do not count as a recognised qualification in UK family court proceedings. The court does not accept unaccredited online certificates as evidence of legal knowledge, parenting ability, or professional competence. A McKenzie Friend's value comes from direct experience of family court procedure, not from completing online courses. If you are a litigant in person, these courses may help you understand general concepts, but they carry no weight with the court and should not be presented as qualifications.
Gap #538
The assumption
The First Appointment (FDA) is where the court decides your case or tests the evidence.
The reality
The FDA is a case management hearing, not a trial. The judge looks at what is agreed and what is in dispute, and gives directions on anything still needed — further disclosure, questionnaire answers, valuations. No evidence is tested and no decision is made on the outcome. Treat it as a planning meeting, not a hearing to win or lose.
Navigating court alone?
A McKenzie Friend can help you understand terms like these in the context of your case.
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