Cross-examination and section 28 — questioning witnesses in family cases

REVIEWED BY: Sean McNamara on 2026-08-28

What cross-examination is in family cases

Cross-examination is questioning the other side's witnesses after they give evidence-in-chief (their statement read aloud or adopted). In a fact-finding hearing or final hearing it is how each party tests allegations: challenging accounts, putting their case ("I put it to you that…"), and probing inconsistencies. If you do not challenge an allegation, the court may assume you accept it. As a litigant in person (LiP) you question witnesses yourself unless the court directs otherwise.

The s.28 ban on abusers personally cross-examining victims

Section 28 of the Domestic Abuse Act 2021 (inserting s.31V–31W into the Matrimonial and Family Proceedings Act 1984) bans in person cross-examination where either:

a person is charged with a specified offence against the witness (or given a police caution, or "on notice" of such a charge — e.g. at the time of bail), or
a prohibited cross-examination order is made, because of the nature of the allegations, evidence, conduct in proceedings, or views of the witness or a child — and one is necessary for a just outcome.

It applies in family proceedings (including children and finance cases) and protects alleged victims from being questioned by their alleged abuser. The party is told the ban applies; it is not a finding of guilt.

Prohibited cross-examination orders

Where no automatic ban applies, either party (or the court of its own motion) can apply for a prohibited cross-examination order. The court must consider the effect on the witness and the need for both parties to put their case. Orders are made until the hearing ends, with reasons recorded. Ask as early as possible — ideally at the first hearing — and Form C2 (or the relevant notice) plus a short witness statement explains why.

The alternatives

The court must arrange one of:

Court-appointed questioner — a qualified legal representative (QLR) appointed to ask the questions, not acting for either party (they can be paid, with legal aid directions for eligible parties)
Questions in writing — submitted and put by the judge where appropriate
An advocate (counsel/solicitor) acting for the party, if they have one
The judge asking on the party's behalf as a last resort

How a LiP prepares for cross-examination

1. Re-read everything — statements, police disclosures, medical records, messages; note contradictions 2. Plan short questions — aim to make points, not speeches: one fact per question, mostly leading ("You said X on 3 May, didn't you?") 3. Put your case — the court expects each allegation to be put to the witness 4. Stay factual and calm — argument goes in submissions, not questions 5. Expect to be questioned too — rehearse answers on your own statement; ask the court in advance about special measures (screens, separate rooms, video link) if needed 6. Ask the court early about QLR arrangements or written questions if the s.28 ban applies

Official links

Domestic Abuse Act 2021, s.28: https://www.legislation.gov.uk/ukpga/2021/17/section/28
MCA 1984, s.31V (prohibition of cross-examination in person): https://www.legislation.gov.uk/ukpga/1984/42/section/31V
Practice Direction 3AB (cross-examination in person): https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions
gov.uk: https://www.gov.uk/guidance/domestic-abuse-how-to-get-help

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS, the Ministry of Justice or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.