Matrimonial and Family Proceedings Act 1984, Part 4B — Prohibition of Cross-Examination in Person in Family Proceedings¶

Jurisdiction: England & Wales · Citation: Matrimonial and Family Proceedings Act 1984 (c. 42), Part 4B (ss.31Q–31U+) · Authoritative source: legislation.gov.uk — Part 4B · Inserted by: Domestic Abuse Act 2021, s. 65 (in force 21 July 2022)

The statutory ban on in-person cross-examination of one party by another in family proceedings where domestic abuse, protective injunctions, or relevant criminal proceedings are in issue. Critical to PA cases because it ends the routine practice of one ex-spouse cross-examining the other in person — a practice that historically allowed alienating parents to use cross-examination as a continuation of the controlling-conduct pattern. The court must appoint a qualified legal representative (QLR) at public expense to conduct the cross-examination if no advocate is otherwise available.

Verbatim text (key sections)¶

s.31Q — Introductory¶

In this Part— "family proceedings" means— (a) proceedings in the family court, (b) proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and © proceedings in the civil division of the Court of Appeal arising out of proceedings within paragraph (a) or (b); "witness", in relation to any proceedings, includes a party to the proceedings.

s.31R — Victims of offences¶

(1) In family proceedings, no party to the proceedings who has been convicted of or given a caution for, or is charged with, a specified offence may cross-examine in person a witness who is the victim, or alleged victim, of that offence.

(2) In family proceedings, no party to the proceedings who is the victim, or alleged victim, of a specified offence may cross-examine in person a witness who has been convicted of or given a caution for, or is charged with, that offence.

(3) Subsections (1) and (2) do not apply to a conviction or caution that is spent for the purposes of the Rehabilitation of Offenders Act 1974, unless evidence in relation to the conviction or caution is admissible in, or may be required in, the proceedings by virtue of section 7(2), (3) or (4) of that Act.

(4) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the conviction, caution or charge when the cross-examination took place.

s.31S — Persons protected by injunctions¶

(1) In family proceedings, no party to the proceedings against whom an on-notice protective injunction is in force may cross-examine in person a witness who is protected by the injunction.

(2) In family proceedings, no party to the proceedings who is protected by an on-notice protective injunction may cross-examine in person a witness against whom the injunction is in force.

(3) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the protective injunction when the cross-examination took place.

(4) In this section "protective injunction" means an order, injunction or interdict specified, or of a description specified, in regulations made by the Lord Chancellor.

(5) For the purposes of this section, a protective injunction is an "on-notice" protective injunction if—

(a) the court is satisfied that there has been a hearing at which the person against whom the protective injunction is in force asked, or could have asked, for the injunction to be set aside or varied, or

(b) the protective injunction was made at a hearing of which the court is satisfied that both the person who applied for it and the person against whom it is in force had notice.

s.31T — Evidence of domestic abuse¶

(1) In family proceedings, where specified evidence is adduced that a person who is a witness has been the victim of domestic abuse carried out by a party to the proceedings, that party to the proceedings may not cross-examine the witness in person.

(2) In family proceedings, where specified evidence is adduced that a person who is a party to the proceedings has been the victim of domestic abuse carried out by a witness, that party may not cross-examine the witness in person.

(3) In this section—

"domestic abuse" has the meaning given by section 1 of the Domestic Abuse Act 2021;

"specified evidence" means evidence specified, or of a description specified, in regulations made by the Lord Chancellor.

(4) Regulations under subsection (3) may provide that any evidence which satisfies the court that domestic abuse, or domestic abuse of a specified description, has occurred is specified evidence for the purposes of this section.

s.31U — Discretionary court direction (other cases)¶

(1) In family proceedings, the court may give a direction prohibiting a party to the proceedings from cross-examining (or continuing to cross-examine) a witness in person if—

(a) none of sections 31R to 31T operates to prevent the party from cross-examining the witness, and

(b) it appears to the court that—

(i) the quality condition or the significant distress condition is met, and

(ii) it would not be contrary to the interests of justice to give the direction.

(2) The "quality condition" is met if the quality of evidence given by the witness on cross-examination—

(a) is likely to be diminished if the cross-examination (or continued cross-examination) is conducted by the party in person, and

(b) would be likely to be improved if a direction were given under this section.

(3) The "significant distress condition" is met if—

(a) the cross-examination (or continued cross-examination) of the witness by the party in person would be likely to cause significant distress to the witness or the party, and

(b) that distress is likely to be more significant than would be the case if the witness were cross-examined other than by the party in person.

Why this matters for PA¶

The end of routine in-person ex-spouse cross-examination. Pre-2022 family-court practice routinely required a litigant in person (LIP) to cross-examine their ex-partner directly — a practice widely criticised as enabling further DA / controlling conduct in the courtroom. Part 4B closes this with a layered scheme of automatic bans (ss.31R/31S/31T) and discretionary bans (s.31U).
The "specified evidence" trigger (s.31T) — implementation under the Prohibition of Cross-Examination in Person (Family Proceedings) Regulations 2022 (SI 2022/838) sets the evidential threshold. The 2024 President's Memorandum: Witness Statements and Cross-Examination addresses operational application.
Risk of misuse in PA cases. As with s.63 special-measures presumption, the s.31T mechanism is triggered by adduced specified evidence, not by findings. Alienating parents who produce specified evidence of alleged DA can thereby block the targeted parent's in-person cross-examination of them — even where the underlying DA allegations are unfounded. The 2024 FJC guidance on alienating behaviours addresses this misuse risk.
Qualified Legal Representative (QLR) scheme — s.31W et seq. Where a party is prohibited from cross-examining in person and has no advocate, the court must consider whether the party will obtain a representative; if not, the court must appoint a QLR at public expense to conduct the cross-examination. This solves the practical problem (no LIP can do the questioning) without weighting either party.
s.31U discretionary ban captures the broader category — distress, quality of evidence — even where the automatic triggers don't apply. Targeted parents subjected to sustained alienating-pattern conduct may qualify for a discretionary ban without formal DA / criminal evidence under ss.31R-T.

Implementation regulations¶

The Prohibition of Cross-Examination in Person (Family Proceedings) Regulations 2022 (SI 2022/838) — defines "specified offence" (s.31R) and "specified evidence" (s.31T). The list of specified offences includes sexual offences, violent offences, offences against children, controlling/coercive behaviour (SCA 2015 s.76), and stalking.
The Prohibition of Cross-Examination in Person (Specified Protective Injunctions) Regulations 2022 (SI 2022/839) — defines "protective injunction" for s.31S purposes. Includes non-molestation orders under FLA 1996 Part IV, occupation orders, FGM/FMP/forced-marriage protection orders.
Family Procedure (Amendment No. 2) Rules 2022 (SI 2022/789) — procedural implementation including FPR Part 3B on cross-examination prohibitions.

Sources & authoritative references¶

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