When Should You Choose a Barrister Over a McKenzie Friend in Family Law Matters?

If you're a parent dealing with child arrangement issues, you may wonder whether to hire a barrister or rely on a McKenzie Friend. If so, here are a few considerations to keep in mind… 

What does a family law barrister do? 

A barrister is a legal professional trained to offer specialist advice and represent clients in court. They have extensive knowledge of family law and can handle complex legal matters effectively. If your case involves high-stakes issues, such as contested child custody or allegations of abuse, hiring a barrister is often advisable. 

Barristers can present arguments, cross-examine witnesses, and provide strategic advice. In high-pressure scenarios, like contentious custody battles, a barrister's experience can be invaluable. They can develop a persuasive case strategy, negotiate settlements, and aim for the best possible outcome for you and your children. 

What does a McKenzie Friend do? 

A McKenzie Friend is someone who can assist you during family court proceedings but doesn't have to be a qualified lawyer. They can provide emotional support, take notes, and offer guidance on court protocol. However, they cannot represent you in court or address the judge on your behalf. 

McKenzie Friends are a cost-effective option if you have a straightforward case or just need a helping hand. They can help you understand the proceedings, ensuring you feel prepared and less anxious about the process. Their role is supportive, helping you manage paperwork and understand legal jargon. 

When to Choose a Barrister Over a McKenzie Friend 

There are specific situations where hiring a barrister is more appropriate than relying on a McKenzie Friend. If your case involves significant financial claims, international elements, or complex legal arguments, a barrister's expertise is essential. They can provide the specialised skills needed to address these intricate issues effectively. 

In cases where the stakes are high, such as potential relocation or safeguarding concerns, a barrister's involvement can also make a difference. Their ability to present a compelling case and challenge evidence can be crucial for achieving a favourable outcome.  

Using a Barrister and a McKenzie Friend Together 

In some instances, a collaborative approach can be beneficial. Working with both a barrister and a McKenzie Friend can offer comprehensive support. The McKenzie Friend can assist with the preliminary work and provide emotional support, while the barrister handles the complex legal aspects and courtroom proceedings. 

This combined approach allows you to benefit from professional legal advice without incurring excessive costs. It offers a balance between affordability and expertise, ensuring you have the right support at every stage of your case. By utilising both resources, you can feel more secure in your legal strategy. 

A collaborative approach can also make the legal process less intimidating. Knowing you have a team supporting you can alleviate stress and provide reassurance during challenging times. 

Making the Right Choice for You 

Choosing between a barrister and a McKenzie Friend depends on your case's complexity, emotional readiness, and budget. If your case is straightforward and you need support, a McKenzie Friend may suffice. However, if the stakes are high, investing in a barrister's expertise is often the wiser choice. 

For more tailored family law advice, consider getting in touch with one of our family law barristers. We’ve a number of practitioners working across all areas of family law, who can provide advice, assistance, and court representation.