Understanding McKenzie Friends in Family Court

Navigating Family Court proceedings can be a daunting experience, whether you're dealing with child arrangements, divorce, financial matters or other family matters.

At Guiding Stars UK, we understand how difficult it can be to represent yourself in Family Court. Many people simply want someone calm, organised and supportive alongside them throughout the process, and that is where a McKenzie Friend may be able to help.

In this article, we'll explain what a McKenzie Friend is, the role they can play in Family Court proceedings, and the practical support they may be able to provide to litigants in person.

The Role of a McKenzie Friend

The support a McKenzie Friend provides will depend on your individual circumstances and the assistance you are looking for.

Common ways a McKenzie Friend may be able to help include:

• Emotional support: Providing a calm, supportive presence throughout the Family Court process.

• Preparation: Helping you organise your thoughts and paperwork so you feel ready for your hearing.

• Courtroom support: Sitting beside you in court, taking notes where permitted, and providing quiet, practical support during the hearing.

Who Can Be a McKenzie Friend?

A McKenzie Friend can be a friend, family member or a paid McKenzie Friend. There is no requirement for a McKenzie Friend to be legally qualified, although anyone acting in the role should understand its boundaries and responsibilities.

Some people choose someone they already know and trust, while others prefer to use the services of a paid McKenzie Friend with experience of supporting litigants in person through the Family Court process. The right choice will depend on your individual circumstances and the type of support you feel would be most helpful.

If you choose to use the services of a paid McKenzie Friend, it may be helpful to ask about:

• Their experience of supporting litigants in person.

• The types of Family Court cases they commonly assist with.

• The practical support they can provide.

• Their fees and how they charge for their services.

• Whether they have appropriate professional indemnity insurance.

• How they handle confidential information.

• Whether they provide a written client agreement setting out the support they will provide.

Benefits of Having a McKenzie Friend

Working with a McKenzie Friend may offer a range of practical benefits, depending on your individual circumstances, including:

• Practical support: Helping you stay organised throughout your case.

• Emotional support: Providing a calm, supportive presence during what can often be a stressful process.

• Preparation: Helping you feel ready for hearings by ensuring your paperwork and notes are organised.

• Cost: For some people, using a paid McKenzie Friend may be a more affordable option than instructing a solicitor, depending on the support required.

Understanding the Limitations of a McKenzie Friend

It's important to understand the limits of a McKenzie Friend's role. A McKenzie Friend:

• Cannot act as your legal representative.

• Cannot conduct litigation on your behalf.

• Cannot speak on your behalf in court without the court's permission.

• Is not a substitute for a solicitor or barrister where formal legal representation is needed.

A McKenzie Friend's role is to provide practical and moral support, helping you stay organised and better prepared as you navigate the Family Court process.

Final Thoughts

Facing Family Court alone can feel overwhelming, but you don’t have to go through it without support. A McKenzie Friend can provide practical and moral support to help you feel organised and better prepared throughout the Family Court process.

If you’re representing yourself and would like to understand more about how Guiding Stars UK can support you, please don’t hesitate to get in touch . We're here to provide practical, independent McKenzie Friend support throughout your Family Court proceedings.

Disclaimer

This article is intended for general information only and does not constitute legal advice. Guiding Stars UK provides independent McKenzie Friend support in accordance with the Practice Guidance: McKenzie Friends (Civil and Family Courts) 2010.