How a McKenzie Friend Can Help You in Family Court in England

What is a McKenzie Friend in Family Court?

If you’re representing yourself in family court in England or Wales, you may have heard of a McKenzie Friend. But what exactly is a McKenzie Friend, and how can they help you? This guide explains everything you need to know, including your legal rights, step-by-step advice, and practical tips to make the most of this crucial support.

The Legal Definition

A McKenzie Friend is someone who can support a person (known as a litigant in person) during court proceedings. They are not a lawyer or legal representative, but they can provide moral support, take notes, help with paperwork, and quietly advise you in court. The right to have a McKenzie Friend comes from the 1970 case McKenzie v McKenzie [1970] 3 All ER 1034, which established that litigants in person should be allowed reasonable assistance.

When Can You Use a McKenzie Friend?

In family court in England and Wales, you can use a McKenzie Friend if you do not have legal representation. This is common in child arrangements, divorce, and financial remedy cases. The court usually allows a McKenzie Friend unless there is a good reason to refuse (such as concerns for safety or disruption).

What Can a McKenzie Friend Do?

• Provide moral support and encouragement
• Take notes and organise documents
• Offer quiet advice on law, procedures, and case strategy
• Help you prepare statements and paperwork

However, a McKenzie Friend cannot:

• Address the court directly (unless given permission by the judge)
• Examine witnesses
• Sign documents on your behalf
• Act as your representative formally

What Are the Rules About McKenzie Friends?

The main guidance comes from the Family Division’s Practice Guidance: McKenzie Friends (Civil and Family Courts). Key points include:

• You must inform the court and the other parties if you want a McKenzie Friend
• The judge has discretion to refuse or remove a McKenzie Friend if their behaviour is disruptive or inappropriate
• McKenzie Friends do not have a right to charge fees, but some do (always check their credentials and reputation)

Step-by-Step: How to Find and Use a McKenzie Friend

1. Decide If You Need a McKenzie Friend

Think about what kind of support you need. Are you nervous about speaking in court? Unsure about paperwork? A McKenzie Friend can be invaluable in these situations.

2. Find a Suitable McKenzie Friend

You can ask a trusted friend or family member, or look for experienced McKenzie Friends online. Reputable sources include:

• The McKenzie Friend Directory
• Support organisations like Families Need Fathers or The Personal Support Unit
• Local community groups or recommendations from others who have been through family court

Always check for:

• Relevant experience in family law
• Good communication and organisational skills
• Positive testimonials or references

3. Inform the Court and Other Parties

You must let the court and the other party (or their solicitor) know in advance if you intend to bring a McKenzie Friend. This can usually be done by letter or email to the court, stating your McKenzie Friend’s name and their role.

4. Prepare Together for Your Hearing

Before the hearing, work with your McKenzie Friend to:

• Organise your documents and evidence
• Prepare a summary of your case and the main points you want to make
• Practice possible questions and answers
• Discuss your objectives and what you hope to achieve

5. Attend Court With Your McKenzie Friend

On the day, arrive early and check in at the court reception. Your McKenzie Friend should sit beside you (not behind you) in the courtroom. They can:

• Pass you notes and reminders
• Help you stay calm and focused
• Assist with paperwork and taking notes

If you want your McKenzie Friend to speak for you, you must ask the judge for permission. This is called granting them a “right of audience,” and is rarely given except in special circumstances (such as disability or language barriers).

Legal Rights and Responsibilities

Your Rights as a Litigant in Person

You have the right to a fair hearing, and the court should assist you in understanding procedures. Having a McKenzie Friend is part of that support. However, you are still responsible for your own case, decisions, and conduct in court.

Your McKenzie Friend’s Responsibilities

While your McKenzie Friend can offer advice and support, they must:

• Act in your best interests
• Respect confidentiality
• Behave appropriately in court
• Not provide legal services unless authorised

If Problems Arise

If your McKenzie Friend acts disruptively or unethically, the judge can ask them to leave. Always choose someone you trust and who understands the boundaries of the role.

Costs and Fees

Some McKenzie Friends work on a voluntary basis (friends, family, or charity supporters). Others offer paid services. If using a paid McKenzie Friend, check their fees upfront and get any agreement in writing. Beware of unqualified individuals who charge high fees without proper experience or references.

Benefits and Limitations

The Benefits

• Reduces stress and isolation
• Helps you stay organised and focused
• Offers emotional and practical support
• Can help you present your case more clearly

The Limitations

• Cannot speak for you without permission
• Cannot give legal advice unless qualified
• May not be familiar with your specific case or local court practices

Tips for Making the Most of a McKenzie Friend

1. Communicate clearly – Set expectations and discuss boundaries before attending court.
2. Prepare thoroughly – Use their help to organise documents and rehearse your case.
3. Stay professional – Both you and your McKenzie Friend should treat everyone in court with respect.
4. Know your rights – If challenged, refer to the official Practice Guidance and politely explain the role of a McKenzie Friend.

Frequently Asked Questions

Can my McKenzie Friend speak for me in court?

No, unless the judge gives them permission (right of audience), your McKenzie Friend cannot address the court directly. They can only advise and support you quietly.

Do McKenzie Friends need to have legal qualifications?

No, they do not need to be legally qualified. However, experience with family law and court procedures is very helpful.

Can I use a paid McKenzie Friend?

Yes, you can use a paid McKenzie Friend, but always check their reputation, references, and fees before agreeing to any arrangement.

How do I inform the court about my McKenzie Friend?

You should write to the court and the other party in advance, stating your intention to bring a McKenzie Friend and providing their name and role.