HELP IN COURT: A MCKENZIE FRIEND

What is a Mckenzie Friend?

Many divorced dads cannot afford to retain the services of a solicitor, and end up representing themselves at court. This is not as difficult as it first seems, but what can be of real help if you are going to represent yourself is the assistance of what is known as a Mckenzie Friend.

The name comes from a particular case, Mckenzie v Mckenzie (1971), which established a legal precedent and gave everyone the right to use a friend as an assistant in court. The original case was in fact a divorce case but the principle in law is the same for family cases, and it has been tested right up to the court of appeal.

So any divorced dads caught in today’s legal process can use a friend as an assistant in court. This is usually someone who is a mate or acquaintance of the divorced dad. They have gained knowledge of the court system and procedures, probably by having been involved in the family courts themselves.

The Mckenzie Friend has the right to attend court, to take notes, and to quietly make suggestions to the divorced dad, whilst proceedings are taking place. Although they have no right to actually address the court, in some instances the judge will allow them to. This can be very useful to any divorced dad who is not very good at speaking up for himself.

The right to have a Mckenzie Friend in court is now well established, in England at least. Whilst they have no legal status, you have the right to whatever assistance may be reasonably required – and that is the basis for allowing a Mckenzie Friend in court.