If you’re representing yourself in family court, you may be considering asking someone to attend with you for moral support and practical help. This person is known as a McKenzie Friend – but one of the biggest misconceptions people have is about what they can actually do.
So, can a McKenzie Friend speak in court? Usually, no – but with rare exceptions.
Here’s what the rules really say, and what it means for your case.
🔑 Key Takeaways
- A McKenzie Friend can sit beside you, take notes, and give quiet advice – but they usually cannot speak in court.
- They don’t have “rights of audience,” which are reserved for solicitors and barristers.
- Judges can sometimes make an exception, but this is rare and usually linked to disability, anxiety, or fairness concerns.
- McKenzie Friends are not regulated like solicitors – anyone can act as one, but professionalism varies.
- Experienced professional McKenzie Friends can provide vital support, keeping you calm and organised during hearings.
Thinking of using a McKenzie Friend? WhatsApp us today for clear, practical advice before your hearing.
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What Is a McKenzie Friend Allowed to Do?
A McKenzie Friend is someone who sits beside you in court and helps you stay calm, organised, and focused. They do not need to be legally qualified – they can be a friend, relative, or professional.
Here’s what a McKenzie Friend can do:
- Sit beside you in court
- Take notes
- Help organise your paperwork
- Whisper or quietly give advice during the hearing
- Discuss your case with you before and after the hearing
- Help you prepare documents in your own words
They can’t take over your case – but they can be your anchor in an unfamiliar environment.
Many dads choose professional McKenzie Friend support from people who understand the family court system inside out.
Are McKenzie Friends Allowed to Speak in Court?
In general, no. A McKenzie Friend does not have the automatic right to:
- Speak to the judge
- Present arguments
- Question witnesses
- Represent you as an advocate
This is because McKenzie Friends do not have “rights of audience.”
Worried about what your McKenzie Friend can and can’t say in court? Tap WhatsApp now — we’ll walk you through it.
What “Rights of Audience” Means
To speak directly to the judge, a person needs formal rights of audience – something solicitors and barristers have.
Because a McKenzie Friend isn’t legally qualified, they don’t automatically have this right. That’s why you, as the litigant in person, must speak for yourself in hearings.
Can the Court Make an Exception?
Yes – but it’s rare. In exceptional circumstances, the court may allow a McKenzie Friend to speak for you.
This might happen if:
- You have a disability or condition that affects your communication
- You have serious anxiety or trauma that makes it difficult to speak
- The McKenzie Friend is a close family member helping due to those needs
- The court decides it’s in the interests of justice
Even then, it’s entirely up to the judge. And courts are often cautious about granting this kind of permission, especially for paid McKenzie Friends.
What’s the Difference Between a McKenzie Friend and a Solicitor?
To understand what a McKenzie Friend can and can’t do, it helps to compare them directly with a solicitor. While both can support you during court proceedings, their roles – and responsibilities – are very different:
| McKenzie Friend | Solicitor |
|---|---|
| ✅ Can sit with you and take notes | ✅ Can represent you directly |
| ❌ Cannot speak in court (unless granted rights of audience) | ✅ Has full rights of audience |
| ✅ May be unpaid or low-cost | ❌ Professional legal fees apply |
| ❌ No regulation or insurance required | ✅ Professionally regulated and insured |
Some people choose McKenzie Friends because they can’t afford a solicitor, or because they feel more comfortable having someone less formal. But it’s vital to know the limits of the role.
Not sure whether to choose a solicitor or McKenzie Friend? Message us on WhatsApp and we’ll help you weigh up your options.
Who Can Be a McKenzie Friend?
Anyone – as long as they’re not a direct witness in the case or someone who stands to gain from the outcome.
Your McKenzie Friend must also agree to:
- Respect confidentiality
- Avoid disrupting the process
- Let you lead the case, not them
And if the court feels your McKenzie Friend is interfering or acting improperly, they can be refused.
Should I Use a McKenzie Friend?
Not all McKenzie Friends are equal. Choosing an experienced one – like those at Dad’s Consultancy – can make a real difference.
If you’re feeling unsure about how to handle court alone, the right support can help you stay calm, organised, and focused.
At Dad’s Consultancy, our founder Lach has guided hundreds of dads through the family court process – offering professional McKenzie Friend support that stays firmly within legal boundaries, while empowering you to put your best case forward.
👉 Need more insight into how to handle court alone? Read our guide on self-representation in family court.
🧠 Insider Insight: Lach, our founder, is a qualified social worker who used to write Section 7 reports for CAFCASS – the very reports that influence court outcomes. Now he helps dads respond to them. Learn more about Lach’s background.
👉 Learn more about how we can support you or book a free consultation today
