McKenzie Friends in Family Court: Rules, Finding One & More

A McKenzie friend (sometimes abbreviated MF or called a court supporter) can help you with your court case if you don't have a legal representative, such as a solicitor.

The role exists in several countries, including Australia, Canada and Ireland. It's most common in the U.K., so this article focuses on that location.

If you wish to use a McKenzie friend in another country that allows it, be ready to explain to your judge why you need an MF and what exactly they would do for you. The judge might not be familiar with the term or concept and need help warming up to the idea.

What is a McKenzie friend?

A McKenzie friend is a person who helps a litigant in a court case but does not represent them.

The term comes from a 1970 divorce case in England: McKenzie v. McKenzie. The court didn't allow the husband help from an Australian barrister who was unqualified to practise in the U.K. The Court of Appeal later ruled that he should have been allowed limited assistance. Hence, McKenzie friends were born.

McKenzie friend rules

Your McKenzie friend can give advice, help with case documents, sit with you at the front of the courtroom and provide moral support.

They can't sign your court papers, send legal documents on your behalf, manage your case outside of court or talk to anyone besides you about confidential details. Nor can they question witnesses or speak to the judge unless the judge gives them special permission.

McKenzie friends who belong to certain professional organisations also have to follow their organisation's code of conduct. For example, they may not be allowed to practise if they have been disbarred from a related position.

Whilst other people can help you outside of court, you can only have one McKenzie friend sit with you in the courtroom.

Depending on your court, you may need to fill out a form to request a McKenzie friend or you may just need to ask your judge respectfully.

Who can be a McKenzie friend

Nearly anyone can be an MF. But they must not have personal interest (e.g., financial involvement) in the outcomes of their cases.

There's no training or licensing required to become a McKenzie friend.

Generally, McKenzie friends fall into one of these groups:

• Nonprofessionals: Family members, friends or acquaintances of the litigants
• Free professionals: People provided by charities or legal organisations, like domestic violence support workers
• Fee-charging professionals: People who market themselves as McKenzie friends (with varying levels of experience and qualification)

Outside of the U.K., it's more difficult to find a professional McKenzie friend.

The help provided by nonprofessionals tends to differ from the help provided by professionals. If your aunt is your McKenzie friend, she may just help you practise your testimony and sit beside you in court to make you feel comfortable. If your MF is a paralegal, they might also explain court procedures.

A judge can refuse your chosen McKenzie friend, but this is unusual in the U.K. Guidance from British courts says refusal is appropriate when the MF might undermine or has undermined "the efficient administration of justice." A judge might make this decision if the McKenzie friend seems to have too much power over the litigant, for example.

Finding a McKenzie friend

Before you decide to search for a McKenzie friend, keep in mind that using a solicitor or barrister comes with more protections. Solicitors and barristers go through years of training, are overseen by regulatory bodies and have insurance to compensate clients if they don't act properly.

Also, consider that professional McKenzie friends are not always cheaper than solicitors and barristers. You may even qualify for free legal representation if you have a low income.

If you wish to proceed with a McKenzie friend, think of people you know who are supportive and trustworthy. If they're knowledgeable about the court system, this can be a plus. But make sure they know what they claim to and won't overstep the limits in place for MFs.

To find a professional McKenzie friend, you can ask around for recommendations and search online. For extra peace of mind, you might go through an organisation that requires members to meet certain qualifications, such as the Society of Professional McKenzie Friends.

When choosing a professional, do careful research. Ask each candidate:

• What experience and qualifications they have
• Exactly what services they will provide
• How their fee structure works
• What protection they can offer you in case they don't perform appropriately

Other affordable help for parenting cases

If you need affordable help with a case about child arrangements, you may benefit from the Custody X Change online app.

It helps you:

• Create a parenting plan to suggest to the other parent or to the court.
• Make a residence and contact schedule that works for your family.
• Calculate your parenting time to ensure it's fair.
• Track your child's expenses so you can divide them easily.
• Keep a parenting journal to document and organise evidence.
• And more

These tools can prove to be game-changing whether or not you have a McKenzie friend, since they help with tasks that MFs are not meant to take on.

Use Custody X Change to stay on top of your case and get what's best for your child.