What a McKenzie friend is, what they can and cannot do in family court proceedings in England and Wales, and how to use one if you don't have a solicitor.
A McKenzie friend is a person who accompanies a litigant in person to court to provide quiet support, take notes, and help organise documents. They are not a legal representative and they do not have the automatic right to speak on your behalf in court. The name comes from a 1970 Court of Appeal case, McKenzie v McKenzie, in which the right of a litigant in person to have such assistance was established. The court's guidance on McKenzie friends is set out in the Practice Guidance issued by the Lord Chief Justice and Master of the Rolls (2010).
A McKenzie friend can:
Without specific permission from the judge, a McKenzie friend cannot:
If you want your McKenzie friend to speak on your behalf, you can ask the judge to grant them rights of audience. This is entirely at the judge's discretion. Courts are cautious about granting rights of audience to McKenzie friends, particularly if the McKenzie friend appears to be providing professional legal services without a proper qualification or authorisation.
In most circumstances, yes. The starting position is that a litigant in person is entitled to have a McKenzie friend present. A court can exclude a McKenzie friend only where there is good reason to do so, for example if they are causing disruption, if allowing them would prejudice another party, or if the proceedings are particularly sensitive and confidentiality is at risk.
If a court proposes to exclude your McKenzie friend, it must tell you why and give you the opportunity to address that concern.
It is good practice to notify the court and the other party in advance that you intend to bring a McKenzie friend. Some courts ask for a brief letter confirming who the person is and that you understand they are acting in a support role only. Doing this in advance reduces the risk of any objection on the day causing delay or disruption to the hearing.
Anyone can act as a McKenzie friend: a friend, family member, or a volunteer from an organisation. Some charities and support organisations provide McKenzie friends as part of their services for people navigating the family court, including Support Through Court. Increasingly, some individuals provide McKenzie friend services on a paid basis. There is no regulatory framework for paid McKenzie friends, so care is needed when choosing one: check their background and experience, and be clear about what they are and are not qualified to do.
Yes, paid McKenzie friends exist. There is no rule against charging for this service, but equally there is no regulatory body overseeing the quality or conduct of paid McKenzie friends. If you are considering using a paid McKenzie friend, ask for references and be clear about what they will and won't be doing in court.
No. A legal representative, such as a solicitor or barrister, has formal qualifications, is authorised to conduct litigation and appear in court on your behalf, and is subject to the regulation of the Solicitors Regulation Authority or Bar Standards Board. A McKenzie friend has none of these powers or obligations unless the court specifically grants them rights of audience in your case.
Going through child arrangements proceedings without a solicitor is difficult, and having even quiet support in the courtroom can make a significant difference. Access to Justice is built for people in exactly this position, it helps you understand what you're facing and prepares you for each step of the process. Try it free.
Can a McKenzie friend speak for me in court?
Only if the judge grants them rights of audience, which is discretionary and not the norm. In most hearings, a McKenzie friend sits beside you and advises quietly but does not address the court. Courts are particularly cautious about granting rights of audience where a McKenzie friend appears to be providing professional legal services without proper qualification.
Can the other party object to my McKenzie friend?
Yes, but objections must be based on a legitimate reason, not simply on preference. The court decides whether the objection has merit. A general objection to you having support is not usually sufficient grounds for exclusion. If a court does propose to exclude your McKenzie friend, it must tell you why and let you address the concern.
Can I use a McKenzie friend in all family court hearings?
Yes, across most family court proceedings including child arrangements hearings, financial remedy hearings, and directions hearings. Some hearings are held in private by default, and the McKenzie friend's presence in those is subject to the court's confirmation. It's good practice to tell the court and the other party in advance that you intend to bring one.
What should my McKenzie friend know before coming to court?
They should understand their role: support and notes only, no speaking. They should be familiar with the basic facts of your case so they can provide useful assistance during the hearing. They should know where to sit, which is beside you, not in the public gallery. And they should know the format and expected length of the hearing.
Is there a difference between a McKenzie friend and a litigation friend?
Yes. A litigation friend acts on behalf of someone who lacks the capacity to conduct proceedings themselves, such as a child or a person with a serious mental health condition. A McKenzie friend is simply a support person for a capable adult who is representing themselves.
Where can I find a McKenzie friend?
Support Through Court provides volunteer McKenzie friends at some court locations. Citizens Advice may be able to point you to local support. Some charities focused on access to justice also provide this service. If you are considering a paid McKenzie friend, research them carefully before engaging.
This article provides legal information about child arrangements proceedings in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.
You don't have to work this out alone. Family Court Assistant helps you understand your family court case, organise your information and work out what you need to do next, and every time you come back it remembers where you're up to.