Cross-examination when neither side has a lawyer — s.31R prohibited steps and QLRs
Since the Domestic Abuse Act 2021, a party prohibited from cross-examining in person cannot question their alleged victim directly in family proceedings (and vice versa) — s.31R Matrimonial and Family Proceedings Act 1984. In a family system where most fathers and many mothers are unrepresented, this rule reshapes findings hearings.
Who is prohibited
| Trigger | Effect | Source |
|---|---|---|
| Charged with/on bail for a specified offence against the other party | Automatic prohibition | s.31R MFPA 1984 |
| Bound by an on-notice protective injunction (NMO/occupation order) between the parties | Automatic prohibition | s.31R MFPA 1984 |
| Sentenced for such an offence (within defined periods) | Automatic prohibition | s.31R MFPA 1984 |
| Court is satisfied of substantial associated grounds (other evidence of DA) | Discretionary prohibition — court must consider | s.31R MFPA 1984 |
Read s.31R at legislation.gov.uk. The mirror-image applies to the other party questioning you.
The Qualified Legal Representative (QLR)
- The court appoints a QLR Where both sides are prohibited (typically both unrepresented), the court must secure a Qualified Legal Representative — a barrister or solicitor paid from public funds under the QLR scheme — to conduct the cross-examination for each side.
- The QLR is not your lawyer They ask the questions you have prepared the substance of. Your job: produce a tight written list of questions/themes with exhibit references well before the hearing; the QLR translates them into admissible cross-examination.
- Prepare the question pack like a pro One question per line, factual, no speeches: "Put to her: message C7 of 18:40 says X. Why does the school log (C9) contradict it?" — built from your Scott Schedule rows.
- You are still cross-examined The QLR will also test YOUR account — often sharper than an amateur would. Prepare with the fact-finding guide: know every exhibit, concede small true points cleanly.
Strategic upside few fathers notice: the QLR scheme means an unrepresented father at a findings hearing gets professional advocacy questions asked on his behalf — at public expense — where allegations trigger the scheme. The quality of what the QLR has to work with (your exhibits, your chronology, your question pack) is entirely yours to control.
Ordinary cross-examination (no prohibition)
Where s.31R doesn't apply and you represent yourself, you question her directly. Rules that keep you credible: short factual questions; put your case ("I put it to you that…"); never argue, never comment; sit down when you've made the point. A father who cross-examines calmly with exhibits is a rare and powerful sight in a family courtroom.
Before your hearing
Turning scattered messages, notes and dates into evidence takes structure. apply this guide to your own documents — EvidenceCanvas is a guided toolkit that helps you draft a child-focused witness statement, answer a Scott Schedule point by point, and assemble a paginated court bundle. It is not a law firm and does not give legal advice.