Who Are McKenzie Friends in the Family Court?

Lisa Pepper

McKenzie Friends explained: what they can and cannot do in Court

We always recommend that you instruct a qualified family law solicitor for court proceedings. However, if you cannot afford legal representation or choose to represent yourself, help is available.

McKenzie Friends are people who attend court with someone who does not have legal representation. The name comes from a 1970 case called McKenzie v McKenzie, where the Court agreed that a “litigant in person” should be allowed to bring a companion to support them.

A litigant in person is someone who represents themselves in court instead of using a lawyer. After legal aid rules changed in 2013, the number of unrepresented parties in the Family Court has increased significantly.

For those without legal aid or a solicitor, McKenzie Friends can offer a useful service.

Who are McKenzie Friends?

McKenzie Friends provide support and reassurance to people representing themselves in court. They are not lawyers, and a relative or friend can step into this role.

Alternatively, there are various charities that provide McKenzie Friends for free, like Support Through Court or law schools. Their volunteers can accompany litigants to hearings but cannot provide legal advice.

Professional McKenzie Friends offer their services for a fee. They present themselves as a cheaper alternative to solicitors. However, unlike solicitors and barristers, McKenzie Friends are not required to have legal training, follow professional regulations, or be insured. Their experience can also vary, so it is important to understand exactly what they offer before agreeing to pay.

What a McKenzie Friend can do

McKenzie Friends can support a litigant on any family law matter including divorce, child custody disputes and financial claims. They can provide several specific types of assistance:

• Moral support throughout the court process – they can go into hearings with the litigant and sit next to them in court.
• Take notes during proceedings – they can help the litigant keep track of important details.
• Help with legal documents – they can help with filing and organising court documents, preparing bundles and drafting documents such as witness statements. However, the litigant must ultimately take responsibility for the content and sign all documents themselves.
• Information on next steps – they may be able to give a view; they cannot advise.
• Quietly assist during the hearing – McKenzie Friends can discreetly speak to the litigant  if they think the litigant has forgotten something important  they wanted to say or they want to explain something the judge said.

What a McKenzie Friend cannot do

There are certain things a McKenzie Friends cannot do:

• Give legal advice – A McKenzie Friend is not a solicitor and cannot give legal advice. They can provide general information about the law and legal rights, but the litigant in person remains responsible for their own case.
• Address the court – McKenzie Friends cannot speak directly to the judge, make oral submissions, or examine witnesses. In special circumstances, the judge may give a Mckenzie Friend permission to speak, but this usually only happens when the litigant has serious health problems that prevent them from speaking effectively.
• Make decisions or negotiate – the litigant is always in control of the case and has the final say on all decisions.

The Court website provides further guidance on the use of Mckenzie friends and you may also find the Resolution website useful which includes a helpful table showing how a Mckenzie friend can assist you and the limitations.

Can the Court refuse a McKenzie Friend?

Everyone has the right to reasonable assistance from a McKenzie Friend. The person representing themselves will usually give the judge a short note or CV showing their McKenzie Friend’s background, and the McKenzie Friend must confirm that they understand their role and the need for confidentiality.

Courts cannot refuse McKenzie Friends simply because a case seems straightforward or involves confidential family matters.

If the judge or the other party has any concerns, these will normally be dealt with at the start of the hearing. Generally, a McKenzie Friend will only be refused if their behaviour makes it harder for the court to run the case fairly. This might include:

• Using the litigant as a puppet to conduct their own agenda
• Behaving disruptively or making inappropriate comments
• Failing to understand confidentiality requirements
• Having a personal interest in the outcome of the case

When the other side has a Mckenzie Friend

If you are represented but the other side has a McKenzie Friend, your solicitor will have certain professional duties in how they deal with them. They must keep communication clear, respectful and professional, avoiding legal jargon or language that could be seen as intimidating. Solicitors have to make sure the unrepresented party is treated fairly and not taken advantage of because of their limited legal knowledge.

In practice, this often means your solicitor will take the lead on preparing and organising documents, including the court bundle. They are also expected to send position statements and evidence in good time so that  the unrepresented party has a chance to review them with their McKenzie Friend.

Litigants in person may not be familiar with legal protocols. To help keep things on track, your solicitor can help manage the case if the litigant behaves inappropriately, for example, by sending excessive correspondence. Your solicitor can respond on a clear timescale rather than engaging with every message to keep costs under control.

When professional help remains essential

Representing yourself in family court is never straightforward. While McKenzie Friends can offer valuable support, they cannot replace the knowledge, experience or protections that come with a qualified solicitor.

For litigants planning to manage their case alone, a good option is to book a one-off consultation with a family law solicitor. They can give an opinion on the strengths and weaknesses of the case and clarify what can realistically be achieved. A short session with a solicitor is often better value than paying fees to a professional McKenzie Friend, who cannot offer the same standard of legal advice.

Also, bear in mind that some family law matters are too complex or high-stakes to handle without qualified legal representation:

• Cases involving significant assets or complex financial arrangements
• Disputes where domestic abuse allegations are involved
• International child abduction matters
• Cases requiring urgent court applications

How can we help?

In these situations, it’s highly recommended that you seek tailored advice from an experienced family law solicitor. For advice on how we can help, please call us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811