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Can I use WhatsApp or text messages as evidence in family court?

Updated 14 October 2026 · About 7 minutes to read · England and Wales

The short answer

Yes, messages can be part of the evidence in a family case in England and Wales, but there's no automatic right to put them all in front of the judge. The court controls what evidence it needs, on which issues, and how it's presented. [1]

In practice, most parents describe what happened in a written statement and refer to the specific messages that support it. The judge decides whether those messages are relevant, and how much they matter. Your own messages in the same conversation will be read too.

How do family courts decide what evidence to use?

The Family Procedure Rules let the court give directions about the issues it needs evidence on, the kind of evidence it wants, and the way that evidence is put before it. The court can also exclude evidence that would otherwise be admissible. [1] So the starting point is always the court's own orders: read every order in your case carefully, because it will often say what statements to file and by when.

A witness statement is a signed, written account of what you would say if asked in court, and it's usually verified with a statement of truth. [1] Messages are normally used to support what you say in it, not as a substitute for it.

Can I put screenshots in the court bundle?

Not usually, unless the court says so. Practice Direction 27A sets out how court bundles are prepared. A bundle should contain only documents relevant to the hearing, and the rules list things that should not go in unless the court directs otherwise. That list includes emails, text messages, WhatsApp messages, social media messages, voice notes and photographs. [2]

Bundles also have size limits: usually 350 pages for an electronic bundle, or 175 sheets of A4 for a paper bundle, unless the judge allows more. [2] The judiciary's guide for people representing themselves explains all this in plain English, and reminds you to follow any specific order in your case even if it differs from the general guidance. [3]

If you think particular messages are important, say so in your statement and ask the court (at a hearing, or as your case progresses) whether and how they should be filed.

How to present messages fairly

If the court does want to see messages, these habits help them be read fairly:

• Keep the originals. Don't delete the chat or the phone it's on. A copy is easier to rely on when the original still exists.
• Never edit, crop out or rearrange messages. Show the full exchange around the point you're making, including your own replies.
• Show dates and times. Every page should make clear who sent what and when.
• Consider an export as well as screenshots. WhatsApp has an Export chat option that saves a conversation as a text file, with or without media. [4] Screenshots can be easier to read, but an export shows the whole thread in order.
• Be selective, not one-sided. Choose the messages that relate to the issues the court is deciding, and don't leave out the parts that are unhelpful to you. Cherry-picking tends to be noticed.
• Number and label them so the judge can find each one quickly.

Worked example. Instead of attaching 60 pages of chat, a statement might say: "On 3 March 2026 at 18:42 I asked by WhatsApp whether Mia could stay with me on Saturday 14 March for her friend's party. The reply at 19:05 said no, with no reason given. I asked again on 5 March and had no reply (pages 4 to 5 of my exhibit)." That's specific, checkable and short.

If you're preparing for a case, a factual, time-stamped record kept from the start makes all of this much easier. Our guide to keeping a record of co-parenting communication has practical tips.

Which messages actually matter?

When a court decides a question about a child's upbringing, the child's welfare is its paramount consideration. [5] In contested child arrangements cases, the court works through a welfare checklist in section 1(3) of the Children Act 1989, which includes:

• the child's wishes and feelings, in light of their age and understanding;
• their physical, emotional and educational needs;
• the likely effect of any change in their circumstances;
• any harm they have suffered or are at risk of suffering; and
• how capable each parent is of meeting their needs. [5]

Messages that genuinely shed light on those questions (missed handovers, a refusal to share medical information, threats) may be relevant. Messages that show adults being rude to each other, or that replay old relationship arguments, often add little and can overwhelm the court. A useful test: does this message tell the judge something about the child's welfare that my statement can't?

What about secret recordings?

In May 2025 the Family Justice Council published guidance on covert recordings, with a short guide for parents. It says courts sometimes accept secret recordings but not always, and that the court weighs the child's welfare, privacy and the rules of evidence. If you want to rely on one, tell the court early, explain what it shows and why it matters, and be ready to provide an unedited copy. The court may ask you to apply on form C2 for permission. [6]

The guide also warns that secretly recording the other parent may be seen as an invasion of privacy, and courts generally do not approve of covert recordings of children. Recording court hearings, including remote ones, is not allowed. [6]

Privacy, other people's messages and other people's phones

• Don't go into someone else's phone or accounts. Accessing a computer, phone or online account without permission can be a criminal offence under section 1 of the Computer Misuse Act 1990. [7] Logging in to your ex's WhatsApp, email or cloud backup to find evidence could cause you serious problems.
• Think about third parties. Group chats and forwarded messages often involve grandparents, new partners or friends. Only use what's genuinely relevant, and get advice if you're unsure.
• Keep court papers private. Children cases are heard in private, and the rules limit who you can share information from the case with, for example your legal adviser, without the court's permission. [8] Don't post statements, orders or messages from the case online.

If there has been domestic abuse

Where domestic abuse is raised in a child arrangements case, the court follows Practice Direction 12J. It must decide as soon as possible whether a fact-finding hearing is needed, and the definition of abuse includes controlling or coercive behaviour and psychological and economic abuse. [9] Abusive or threatening messages can be relevant here. Keep them safely, and tell your adviser or the court.

If you are, or are at risk of being, a victim of domestic abuse by another party, the rules treat you as vulnerable when the court considers special arrangements. [10] Those can include screens, giving evidence by video link, and separate entrances and waiting areas where the building allows. [11] [10]

The National Domestic Abuse Helpline (Refuge) is free and open 24 hours on 0808 2000 247. [12] The Men's Advice Line (Respect) is free on 0808 801 0327, Monday to Friday, 10am to 5pm. [13] If you're in immediate danger, call 999.

Where to get help

• Advicenow has free guides for people going to family court without a lawyer, including advice to keep copies of letters, emails and court papers in date order. [14]
• Citizens Advice suggests keeping a diary of times an agreement hasn't been kept, as this can help show a court why an arrangement isn't working. [15]
• Legal aid: use the GOV.UK "Check if you can get legal aid" service. [16]
• A solicitor: the Law Society's Find a Solicitor lets you search for family law solicitors, including accredited specialists. [17]
• Support Through Court and other free services are listed in the judiciary's bundles guide. [3] You can also browse our free UK help directory.

If you haven't applied to court yet, our guide to child arrangements orders explains the process, and mediation and MIAMs covers the step most parents need to take first.

Quick answers

Sources

1. Ministry of Justice, Family Procedure Rules Part 22: Evidence: justice.gov.uk
2. Ministry of Justice, Family Procedure Rules Practice Direction 27A: Family proceedings: court bundles: justice.gov.uk
3. Courts and Tribunals Judiciary, Preparing Court Bundles for Family Proceedings: Guide for Litigants in Person (March 2026): judiciary.uk
4. WhatsApp Help Center, How to export your chat history: faq.whatsapp.com
5. Children Act 1989, section 1 (welfare of the child): legislation.gov.uk
6. Family Justice Council, Litigants' guide to covert (secret) recording in the family court (Appendix 4, May 2025): judiciary.uk
7. Computer Misuse Act 1990, section 1 (unauthorised access to computer material): legislation.gov.uk
8. Ministry of Justice, Family Procedure Rules Part 12, rule 12.73 (communication of information): justice.gov.uk
9. Ministry of Justice, Family Procedure Rules Practice Direction 12J: justice.gov.uk
10. Ministry of Justice, Practice Direction 3AA: Vulnerable persons: participation in proceedings and giving evidence: justice.gov.uk
11. Ministry of Justice, Family Procedure Rules Part 3A, rule 3A.8 (measures): justice.gov.uk
12. National Domestic Abuse Helpline (Refuge): nationaldahelpline.org.uk
13. Respect, Men's Advice Line: contact us: mensadviceline.org.uk
14. Advicenow, How to apply for a child arrangements order without a lawyer: advicenow.org.uk
15. Citizens Advice, Your child arrangements aren't working: citizensadvice.org.uk
16. GOV.UK, Check if you can get legal aid: gov.uk
17. The Law Society, Find a solicitor: lawsociety.org.uk

All sources checked on 12 October 2026.