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

Understanding the Role of a McKenzie Friend in family court England

Representing yourself in the family court—also known as being a ‘litigant in person’—is increasingly common in England and Wales. While legal aid is harder to access, many parents turn to a McKenzie Friend for valuable support during divorce proceedings, child arrangements, or other family law proceedings.

This comprehensive guide for CourtCraft Advocate users explains what a McKenzie Friend is, their rights and limitations, and offers practical advice for getting the support you need in family court.

What is a McKenzie Friend?

A McKenzie Friend is someone who supports you in court if you don’t have a solicitor or barrister. The name comes from the case McKenzie v McKenzie [1970] 3 All ER 1034, which formally established your right to have assistance. Your McKenzie Friend can be a friend, family member, volunteer, or a professional (non-lawyer), but they do not need formal legal training.

• They can sit with you in court
• They can quietly give you advice, take notes, and help you organise documents
• They cannot address the court (unless given permission), call witnesses, or act as your legal representative

Who Can Act as a McKenzie Friend?

Almost anyone allowed by the court may act as a McKenzie Friend, as long as they are not legally disqualified or involved as a witness in your case. Many parents ask friends, family, or use experienced lay advisers from reputable McKenzie Friend services.

Legal Rights: What a McKenzie Friend Can and Cannot Do

Your Legal Entitlements

The guidance on McKenzie Friends is set out in Practice Guidance: McKenzie Friends (Civil and Family Courts) [2010] 1 WLR 1881 and is referenced in Family Procedure Rules (FPR) 2010. As a litigant in person, you have the right to have reasonable assistance from a McKenzie Friend unless the court decides there are exceptional reasons to refuse.

Permitted Roles

• Stay with you through hearings
• Give quiet advice and moral support
• Help with papers during the hearing
• Suggest questions to you to ask
• Take notes for your own reference

Prohibited Actions

• Represent you (can’t speak to judge or question witnesses)
• Sign or submit documents on your behalf
• Act as your ‘agent’ in proceedings

If you want your McKenzie Friend to speak in court (known as ‘right of audience’), the judge must give specific permission. This is granted rarely and only if it is in the interests of justice (Family Procedure Rules r27.11).

How to Bring a McKenzie Friend to Family Court: Step-by-Step

Step 1: Choose Your McKenzie Friend

1. Select someone you trust and who is reliable. Ideally, they should understand the basics of family court, confidentiality, and have good organisational skills.
2. If engaging a professional McKenzie Friend, check for reviews, recommendations, or membership of a body such as the Society of Professional McKenzie Friends.

Step 2: Notify the Other Party and the Court

1. You do not have to formally apply to have a McKenzie Friend, but it is good practice to let the court and other party know in advance—ideally in your position statement or via email to the Court Office.
2. Provide the full name and relationship of your McKenzie Friend and a brief description of the support they will give.

Step 3: Arrival at Court

1. Arrive early and check in at reception with your McKenzie Friend. Let the usher know who they are supporting.
2. Your McKenzie Friend must remain silent unless directly addressed by the judge. They should be respectful, discreet and not disruptive.

Step 4: If There Are Objections

1. If the other party objects to your McKenzie Friend, the judge will decide. Reasons for refusal are usually rare (e.g., conflict of interest, disruptive behaviour, or past safeguarding concerns).
2. The court must give reasons if they refuse permission.

Step 5: During the Hearing

• Your McKenzie Friend can pass you notes, quietly advise, and keep you focused.
• They may help keep key points to hand and take notes for your personal use.

Getting the Most Out of Your McKenzie Friend

Preparing Together

• Meet before court to agree on aims, what help you need, and how you'll communicate during the hearing.
• Review your court papers and prepare a timeline or summary for them.
• Give them a basic schedule of the day and checklist of issues to cover.

Confidentiality and Boundaries

• McKenzie Friends must keep everything confidential.
• They should not give legal advice (unless experienced and disclaiming liability).
• Make sure they understand their role is to support, not to represent you.

Choosing Between a Volunteer or a Professional McKenzie Friend

Volunteer McKenzie Friends are often free and motivated to help, but may have limited experience. Professional McKenzie Friends may charge fees and can offer considerable court experience and guidance. Always ask about their background, fees, and any complaints history before agreeing to work with them.

Practical Tips for Parents Representing Themselves

Stay Organised

• Use labeled folders and tabs for court bundles
• Write a Position Statement to explain your case, and share it
• List key questions for witnesses or your ex-partner

Take Care of Yourself

• Accept that court can be stressful—practice what you want to say
• Listen to your McKenzie Friend and take breaks if you need them

Remember, you remain in control of your case—your McKenzie Friend is there to help you stay grounded, organised, and focused.

Frequently Asked Questions: McKenzie Friend Family Court England

Do I have to pay for a McKenzie Friend?

No, not always. Many McKenzie Friends are friends or family, and some voluntary groups offer free support. Professional McKenzie Friends will usually charge a fee, so always clarify this in advance and get written terms.

Can my McKenzie Friend speak to the judge for me?

Not usually. They can only address the court if the judge gives permission, which is rare. Their role is to advise you and keep you organised rather than to act as an advocate.

How do I introduce my McKenzie Friend to the court?

Inform the court in advance, if possible, in writing. On the day, your McKenzie Friend can attend with you. If asked, provide their name and a short explanation of their role to the judge at the start of the hearing.

Can a McKenzie Friend help with paperwork?

Yes, they can help you organise papers, make notes, and even help you understand forms before submission, but the responsibility for completing and submitting paperwork remains with you.