Giving evidence from abroad — Family Court confirms a common-sense approach

A recent High Court decision has provided welcome clarity for people involved in family court proceedings who live overseas, confirming that in many cases parties and witnesses can give evidence remotely from another country without following lengthy and costly international procedures. 

Here, international family matters expert Debbie Heald from our Brabners Personal team explores what the decision means in practice for parties, witnesses and experts based overseas and breaks down when evidence can be given remotely without the need for formal international procedures.

The case

In Potanina v Potanin (2026), the Court considered whether a husband living in Russia needed formal permission from the Russian authorities before giving evidence in English financial remedy proceedings via video link. The husband was unable to travel to the UK but was willing to give evidence remotely. The question was whether the Court first had to go through the formal process of obtaining permission from the Russian courts under the Hague Convention. 

In the circumstances of the case, Mr Justice MacDonald decided that there was no need for additional delay or bureaucracy.

The Court held that — where a party voluntarily agrees to give evidence via video link from another country — it’ll generally not be necessary to seek permission through the Hague Convention process or issue formal Letters of Request. Instead, the Family Court can hear the evidence directly via video link if doing so helps to meet the overriding objective, ultimately progressing the case fairly and efficiently. 

Why is this decision important?

Family life is increasingly international and it’s common for parties, relatives, experts and other witnesses to live abroad. Until recently, uncertainty remained about whether overseas witnesses needed formal approval from their ‘home’ country before they could give evidence remotely in proceedings ongoing in this jurisdiction.

This case confirms a more practical approach. If a witness is willing to join a hearing remotely, the court will usually focus on ensuring that the case can move forward without unnecessary delay and expense. 

This is welcome news for families already facing the emotional and financial pressures of litigation.

What does this mean for my case?

If you, the other party, a witness or an expert are involved in proceedings but based overseas, the court will generally consider whether:

• the person is willing to give evidence remotely
• there’s any evidence that local laws would prevent them from doing so
• remote evidence will help the court to deal with the case fairly and efficiently
• there are any practical arrangements that need to be put in place.

In many cases, subject to the points above, the court will permit evidence to be given via video link. 

What are the exceptions?

There may still be circumstances in which a formal request is required, including where:

1. a witness is unwilling to cooperate voluntarily and needs to be compelled to attend to give evidence
2. assistance from a foreign court is required
3. particular legal or procedural issues make a formal request necessary. 
    

However, these situations are likely to be the exception rather than the rule. 

Looking forward

The decision reflects the reality of modern family litigation. Remote hearings and video evidence have become an established part of the court process, particularly post COVID-19, helping families to participate in proceedings whatever their circumstances and wherever they are in the world.

The judgment provides reassurance that where overseas witnesses are willing to engage with the court, practical solutions will usually be preferred over procedural obstacles. 

Talk to us

If you're involved in family court proceedings with an international element, our award-winning family law team can advise on remote evidence, overseas parties and the practical issues that arise in overseas cases.

If you’re looking for the very best in personal legal advice, discover Brabners Personal — our solution that provides you with easy access to a wealth of trusted experts who can help you to plan and protect your future. 

Talk to us by calling 0333 004 4488, emailing family@brabners.com or completing our contact form.