If you're facing family court proceedings, such as a child arrangements case, chances are you've come across the term "McKenzie Friend."
For self-represented litigants in person, a McKenzie Friend can be an invaluable source of support. But it's essential to fully understand their role, what they can and cannot do in court, and how they differ from legal professionals.
A McKenzie Friend is an individual who provides assistance and moral support to someone representing themselves in court. The concept originated in the UK with the case of McKenzie v McKenzie (1970), which established that self-represented litigants could bring someone with them to court for support.
Importantly, a McKenzie Friend does not need to have formal legal training. They can be anyone you trust—such as a friend, a family member, or even a professional McKenzie Friend specialising in such cases.
Common reasons parents choose McKenzie Friends in family court include:
But before deciding, it’s vital to understand their scope of assistance and the specific limitations they face.
Here are the ways a McKenzie Friend can assist:
Family law cases, particularly those involving child arrangements, can be incredibly stressful and overwhelming. A McKenzie Friend serves as a calming presence and a source of encouragement throughout the court process.
Keeping track of the proceedings, legal decisions, and potential outcomes can be challenging, especially under pressure. A McKenzie Friend can take detailed notes, helping you stay organised and informed on matters relating to your case.
McKenzie Friends often help with organising documents, preparing statements, and ensuring your paperwork is in order before the court hearing. While they cannot draft legal documents, they may guide you on how to complete necessary forms.
While not qualified advisors, McKenzie Friends can explain general processes and even share lessons from prior cases they’re familiar with. This is extremely useful for understanding court formalities and ensuring you’re prepared.
Having someone on your side—even just to accompany you to the courtroom—can provide immense relief and help boost your confidence, helping you to keep calm and collected as you present your case.
It’s equally critical to be aware of the key limitations of a McKenzie Friend. They cannot act as legal professionals, and certain restrictions apply to their scope within the courtroom:
Unlike solicitors or barristers, a McKenzie Friend is not allowed to speak to the judge or advocate on your behalf during the hearing. They are strictly there to support you, not to represent you.
In a similar vein, McKenzie Friends are not authorised to offer legal advice. They may suggest ways to prepare or share relevant information, but they are not a substitute for formal legal counsel.
Any official documents, such as statements or application forms, must be signed by you. A McKenzie Friend cannot take any legal responsibility for case-related paperwork.
A McKenzie Friend must remain passive during court proceedings. They cannot disrupt or act without explicit permission by the judge, even to clarify a point.
If a McKenzie Friend charges for their services, it is typically a modest fee to cover their time or administrative work. Their fees are substantially lower than hiring a lawyer—but they must not represent themselves as a legal representative.
A McKenzie Friend can provide valuable support during family law cases and help parents feel less overwhelmed. However, it’s important to recognise their limitations. If your case involves complex legal issues or disputes, seeking professional family law advice from a direct access barrister or solicitor may offer more comprehensive support.
For straightforward cases, particularly if resources are limited, a McKenzie Friend’s assistance can help make the court process less daunting and offer some important reassurance throughout proceedings.
If you’d like tailored family law advice, consider reaching out to a direct access barrister.