Can I Use a McKenzie Friend in the Family Court?

A McKenzie Friend is a person who assists a litigant in person in court proceedings. The name comes from a 1970 Court of Appeal case and the role has developed significantly since then. If you are representing yourself in the family court, understanding what a McKenzie Friend can and cannot do will help you decide whether this kind of support is right for you.

What Can a McKenzie Friend Do?

A McKenzie Friend can sit beside you in court and provide quiet assistance. They can help you organise your papers, take notes during the hearing, and prompt you quietly if they think you have missed something. Outside of court they can help you prepare for hearings, understand court documents, and organise your evidence.

What Can a McKenzie Friend Not Do?

A McKenzie Friend cannot address the court unless the judge specifically gives them permission to do so, which is discretionary and not commonly granted. They cannot conduct litigation on your behalf, sign documents on your behalf, or act as your legal representative. They have no right of audience in court in the way that a barrister does.

Do You Need Permission to Have a McKenzie Friend?

You do not need permission to have a McKenzie Friend in most hearings. However, the judge can exclude a McKenzie Friend from the hearing in certain circumstances, for example if their presence is disruptive or if there are confidentiality concerns. In private family law proceedings, the judge may ask questions about the McKenzie Friend's identity and relationship to you.

Are McKenzie Friends Regulated?

No. McKenzie Friends are not regulated legal professionals. They do not have professional indemnity insurance. Some provide their services for free; others charge fees. There is no quality assurance or complaints mechanism equivalent to that which applies to barristers and solicitors. The quality of support available from McKenzie Friends varies enormously.

How Does a McKenzie Friend Compare to a Direct Access Barrister?

A direct access barrister provides qualified, regulated legal representation. They can address the court on your behalf, cross-examine witnesses, make legal submissions, and draft your documents to a professional standard. A McKenzie Friend provides informal support but cannot do any of these things without specific permission. For hearings where legal arguments, evidence, or cross-examination are involved, a direct access barrister is significantly more effective.

Summary

A McKenzie Friend can sit with you in court and provide quiet assistance, but cannot address the court or represent you legally. They are unregulated and the quality varies widely. For substantive hearings in family proceedings, a direct access barrister provides a significantly higher level of support and advocacy.

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