What a McKenzie Friend Can (and Can’t) Do in Family Court

Introduction

When someone faces family court without a solicitor, the process can feel overwhelming — full of forms, hearings, and legal jargon.
That’s where a gyakorlati útmutatást can make a real difference. But before you rely on one, it’s essential to understand exactly what a McKenzie Friend can and can’t do under English law.


What a McKenzie Friend Can Do

The right to have a McKenzie Friend is well-established in England & Wales. It comes from case law (McKenzie v McKenzie [1970] 3 All ER 1034) and is recognised in Family Procedure Rules 2010, Practice Direction 27A.https://www.legislation.gov.uk/uksi/2010/2955/part/27

Here’s what you’re legally entitled to expect from a McKenzie Friend:

  1. Provide quiet support in court
    They can sit beside you, help you stay calm, and take notes while you speak to the judge.
  2. Help you organise and understand documents
    Many parents struggle with forms like C100, C1A, or Állásfoglalások (Position Statementek).
    A McKenzie Friend can help you prepare and present these clearly.
  3. Offer moral and emotional support
    Especially in stressful hearings involving children, having a calm, experienced person beside you can make a huge difference.
  4. Give practical guidance on procedure
    They can explain what happens at each stage — from MIAM to FHDRA, fact-finding hearing, or final hearing.
  5. Negotiate informally outside the courtroom
    A good McKenzie Friend helps you communicate constructively with the other side — focusing on solutions, not conflict.

What a McKenzie Friend Cannot Do

Despite the name, a McKenzie Friend is not a solicitor, barrister, or legal adviser.
The court allows them to assist you, not to act for you.

Here are clear limits under current rules:

  1. They cannot speak for you in court (no “rights of audience”)
    Only in rare cases — with permission of the judge — can a McKenzie Friend address the court directly.
  2. They cannot sign or submit documents on your behalf
    All filings must be made by you personally as a “litigant in person”.
  3. They cannot give formal “legal advice”
    They can explain processes and options, but not advise in the way a solicitor would under a regulated framework.
  4. They cannot claim to be legally qualified unless they actually are
    Anyone pretending to be a lawyer or using misleading titles breaches the Legal Services Act 2007.

🧭 Why Many People Still Choose a McKenzie Friend

According to the 2018 MoJ research on fee-charging McKenzie Friends, most clients choose them for three reasons:

  • Affordability: typically between £15 and £90 per hour — a fraction of solicitor rates.
  • Accessibility: many are available outside office hours, by phone or video.
  • Emotional understanding: clients valued being “listened to” and supported personally.

“For many litigants in person, McKenzie Friends filled a vital support gap — offering reassurance and structure through an intimidating process.”
Study of Fee-Charging McKenzie Friends, MoJ Research, 2018


⚖️ The Judge’s View

Judges generally welcome McKenzie Friends who act responsibly and stay within their role.
Problems arise only when someone tries to act like a lawyer — speaking out of turn, charging excessive fees, or giving misleading advice.

If that happens, the court can:

  • Refuse them permission to assist, or
  • Ban them from acting in that or future cases.

So, a professional McKenzie Friend will always respect boundaries, remain courteous, and focus on helping you present your case clearly.


💡 How to Get the Most from Your McKenzie Friend

  1. Ask for a written agreement — it should explain what they’ll do and what they’ll charge.
  2. Be open about your case and documents — honesty helps them prepare you properly.
  3. Discuss your goals early — know whether you want settlement, contact, or clarity from the court.
  4. Stay in control — remember, the case is your case. They’re there to empower, not replace you.

Final Thoughts

A McKenzie Friend isn’t a lawyer — but with the right person, they can be an ally, coach, and steady presence through one of the hardest experiences of your life.
The key is knowing where the line is, and choosing someone who supports you within it.


Need Support in Family Court?
Everyman Justice provides calm, affordable McKenzie Friend assistance across Suffolk, Norfolk, Essex, Cambridgeshire, and nearby counties.

Get in touch today for practical help — Lépj kapcsolatba az Everyman Justice-szal.


Comments

6 hozzászólás a(z) “What a McKenzie Friend Can (and Can’t) Do in Family Court” bejegyzéshez

  1. David. F. avatar
    David. F.

    This is really useful. I didn’t realise there were such clear limits to what a McKenzie Friend can do in court. It’s great to see it explained in plain English thank you!

    1. Thanks for reading, David. You’re right, it’s often confusing until someone breaks it down simply. I’ll be posting the next article soon about how to choose the right McKenzie Friend, so stay tuned!

  2. I found this article really clear, thank you.
    One practical question — can a McKenzie Friend also join an online or remote court hearing, for example by Teams or CVP?
    I wasn’t sure if the same rules apply as for in-person hearings.

    1. Great question and yes, usually a McKenzie Friend can join a remote hearing, but only if the judge gives permission.
      The parent (the “litigant in person”) should tell the court in advance that they want their McKenzie Friend to attend.
      It works the same way as in-person hearings: the judge decides whether the McKenzie Friend can be present and speak or just provide quiet support.

      In most cases, remote hearings actually make this easier once approved, the McKenzie Friend simply joins via the same video link.

      At Everyman Justice, we’ve supported parents in many online hearings, and we even created a short YouTube guide explaining how to join safely and professionally. It’s worth a look if you’re preparing for your first remote hearing.

  3. Daniel Price avatar
    Daniel Price

    I get that a McKenzie Friend is cheaper than a solicitor, but that’s usually because they can’t actually do very much.
    You get what you pay for at the end of the day.
    A solicitor is fully qualified and can speak for you in court. A McKenzie Friend can’t even do that, so I don’t really see the point beyond saving money.

    1. I completely get where you’re coming from. A lot of people assume the same at first. Solicitors and McKenzie Friends are very different, so the support naturally works in different ways.

      A solicitor can speak for you and give formal legal advice, and in some cases that’s absolutely the right choice. But many parents tell me that what they really needed was someone who actually has time to explain things properly, help them prepare, and be there when the stressful parts happen.

      That’s where a good McKenzie Friend can be surprisingly helpful. For example, I can sit in with you during your Cafcass interview once it’s approved. Solicitors aren’t allowed to do that at all and that makes a huge difference for parents who feel anxious or overwhelmed. I also spend time helping people understand the process step by step, so they don’t feel lost or rushed.

      So it’s not really “cheaper means less”. It’s just a different type of support, and for a lot of everyday family cases, guided preparation and emotional clarity can matter just as much as representation. If you ever want to talk through which option fits your situation better, I’m happy to explain it.

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