McKenzie friends

Re N (a child) sub nom A v (1) G and another Family Division 20 August 2008

During proceedings for financial provision under Sched 1 of the Children Act 1989, the mother had been represented by solicitors and the father had appeared in person with the assistance of an experienced McKenzie friend. On occasions, the court had granted rights of audience to the McKenzie friend. By the time of the final hearing of s8 proceedings, the roles had been reversed, the mother could no longer afford legal representation and appeared in person with a family friend as her McKenzie friend while the father was represented by counsel and solicitors. The mother wished her McKenzie friend to make representations on her behalf on an issue about the relationships between the Sched 1 and the s8 proceedings. In the absence of exceptional circumstances, the father objected, arguing that the McKenzie friend did not fall into the special category of spouse, partner or relative for whom an exception could be made.