Special Measures in Family Court: Help for Vulnerable Parties and Witnesses
Family-court proceedings can feel intimidating, particularly where a case involves domestic abuse, coercive control, trauma, harassment, mental ill health, disability, neurodivergence, learning difficulties or a fear of another person involved in the case, which is why special measures exist.
The Family Court must consider whether a party’s participation in proceedings, or a witness’s ability to give evidence, is likely to be reduced because they are vulnerable. Where it is, the court can make arrangements known as participation directions, often referred to as special measures. These arrangements may include a screen in court, attending by video link, separate waiting areas, adjusted hearing times, regular breaks, communication support or an intermediary.
Special measures are not about giving one person an unfair advantage. Their purpose is to make sure that people can take part meaningfully, give their best evidence and engage with the process safely and fairly.
If you are in immediate danger, call 999. If you are worried about seeing another party at court or giving evidence in their presence, raise the concern with your solicitor and the court as soon as possible.
By: Garry Steedman, Family Law Consultant
Legally reviewed by: Iblal Iqbal, Director, Kabir Family Law
Last reviewed: 26th August 2026
What are special measures in Family Court?
Special measures are practical adjustments made to reduce the impact of vulnerability on a person’s participation in a case. They can apply to a party, a witness or, where appropriate, a child involved in proceedings.
The relevant legal framework is contained in Part 3A of the Family Procedure Rules 2010 and Practice Direction 3AA. The court must consider whether a person’s ability to participate effectively, or the quality of their evidence, is likely to be diminished by vulnerability. If that is the case, the court must then decide whether a participation direction is necessary to secure fair participation and reliable evidence. The official Practice Direction 3AA guidance for vulnerable people in family proceedings explains this duty in detail.
The court is concerned with practical impact. It is not necessary for someone to be unable to attend court altogether. A person may be fully capable in everyday life yet struggle to give clear evidence, understand questions or follow the hearing when they are near an alleged abuser, faced with an intimidating courtroom environment, or affected by trauma and anxiety.
Who can ask for special measures?
Any party or witness who is vulnerable, or may be vulnerable, can ask the court to consider participation directions. This includes people affected by domestic abuse, but it is not limited to domestic-abuse cases.
Vulnerability may arise because of fear, trauma, a mental-health condition, a disability, a learning difficulty, autism, ADHD, a communication need, a physical-health condition, a language barrier, age, neurodiversity or the particular circumstances of the case. A formal diagnosis is not always required. The key question is whether the person’s vulnerability is likely to make it harder for them to participate or give evidence effectively.
Domestic abuse has particular significance. Where a person states that they are, or are at risk of being, a victim of domestic abuse carried out by a party, relative of a party or witness, the rules require the court to assume—when considering participation directions—that they are vulnerable. This does not determine whether the abuse allegation is ultimately proved. It does mean that the court should address the practical effect of the allegation at an early stage rather than waiting for a final hearing.
What special measures might the court provide?
The right arrangement depends on the individual and the type of hearing. There is no automatic entitlement to a screen, video link or intermediary. The court must choose a measure that is necessary, proportionate and consistent with a fair hearing for all concerned.
A screen in Family Court may allow a person to give evidence without having to see the other party. This can be particularly important where direct sight of the other person is likely to cause fear, distress, dissociation or difficulty giving a coherent account.
A video link may enable someone to attend from another room in the court building, from another court location or, in suitable circumstances, remotely. It can reduce the risk of unwanted contact while still allowing the judge, legal representatives and parties to participate in the hearing.
Separate waiting rooms, different entry and exit times, separate routes through the court building and support from court staff may also be appropriate. These can be simple measures, but they are often crucial. A person should not have to wait in the same public corridor as someone they fear before a hearing begins.
The court may permit additional breaks, shorter periods of evidence, communication aids, clear and simplified questioning, or advance information about the hearing process. When communication needs are substantial, the court can consider the appointment of an intermediary. An intermediary is independent and assists communication between the vulnerable person, the judge and advocates. They do not support either side’s case or decide what evidence should be accepted.
Can I attend Family Court without seeing the other party?
Often, yes. If there is a genuine safety concern or a risk that seeing the other person will reduce your ability to take part, the court can make arrangements to minimise or avoid direct contact.
You should tell your family law specialist as early as possible. If you do not have legal representation, inform the court in writing or contact the relevant court office before the hearing. Explain clearly what you are concerned about: for example, encountering the other party outside the courtroom, waiting near them, being questioned while they can see you, travelling to court alone, or having to leave the building at the same time.
It is helpful to explain the impact rather than simply state a preference. For example: “I am concerned that seeing the other party will cause me to panic and I will not be able to answer questions properly,” is more informative than only asking for a screen. The court can then consider whether a screen, separate waiting arrangements, video link or another measure is most appropriate.
For practical guidance on preparing to attend court where domestic abuse has been experienced, read our article on attending Family Court with a domestic-abuse history.
Can my former partner question me directly?
Direct cross-examination can be particularly distressing where there are allegations or findings of domestic abuse. The Family Court has statutory restrictions on direct cross-examination in certain circumstances, including where a party has been convicted of, cautioned for, or is subject to protective measures relating to, a relevant offence.
The court also has wider powers to prevent direct questioning where it would reduce the quality of a witness’s evidence, cause significant distress, or undermine the fairness of the process. The judge can decide how relevant questions should instead be put to the witness.
This is not about preventing relevant evidence from being tested. Family proceedings must remain fair. The purpose is to ensure that questioning does not recreate the fear, control or intimidation alleged within the relationship, especially where it would prevent a witness from giving clear and reliable evidence.
This issue may be especially important in a fact-finding hearing, where the court decides disputed allegations relevant to the welfare of a child. Our guide to fact-finding hearings in Family Court explains how those hearings work and why careful preparation matters.
How do I request special measures?
Special measures should be raised as early as possible. Ideally, the need should be identified in initial court documents or at the first hearing, rather than shortly before a final hearing. Early notice gives the court time to make safe practical arrangements and, where necessary, obtain further information about a person’s needs.
A good request explains the specific difficulty, the effect it has on participation or evidence, and the measure that may help. Supporting material can be useful. Depending on the circumstances, that might include information from a GP, therapist, domestic-abuse support worker, school, social worker or specialist service. But an absence of formal evidence should not stop someone raising an urgent concern.
The court should keep vulnerability under review throughout the proceedings. The arrangement needed at a short procedural hearing may be different from that needed at a contested fact-finding or final hearing. A person’s needs can also become clearer as a case develops.
Why early advice matters
Special measures should be part of a broader plan for safe participation in the case. That may include considering how allegations should be presented, whether there is a need for a fact-finding hearing, what evidence should be obtained, whether there are child-safeguarding concerns, and how the court can hear evidence without exposing anyone to avoidable distress.
A family law specialist can identify the relevant rules, assist you to make a focused request for participation directions, assist you in providing supporting information to the court to ensure that practical arrangements are confirmed before the hearing date. This can make a significant difference to how safely and effectively a person is able to take part.
Contact Kabir Family Law today on 0330 094 5880 to arrange your free consultation or book a time that suits you. Our family lawyers in Northampton as well across York, Nottingham, Cardiff, Coventry, Oxford & London work around the clock and will be able to provide you with the advice and you need at a time to suit your needs.
Expert family-law commentary
“Special measures in Family Court are not an optional courtesy. They are a safeguard designed to ensure that vulnerability does not prevent a person from participating properly or giving their best evidence. In domestic-abuse cases, the issue should be identified early: fear, trauma and coercive control may affect how a person communicates long before they enter the witness box. The strongest applications explain the specific barrier, the practical adjustment required and why that adjustment will make the hearing fairer for everyone.”
Garry Steedman, Family Law Consultant, Kabir Family Law
