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Family Court hearings Support

McKenzie Friend Service

Navigating Family Court hearing as Self-represented can be overwhelming. Family Dispute Support Services (FDSS) offers McKenzie Friend in the court room and help you manage your case confidently and effectively. 

Our McKenzie Friends are experienced community members who provide essential support and guidance during your court hearing or event. They are not legal professionals but can assist you in many ways to ensure your Family Court hearing is smoother and stress-free. Having someone by your side who understands the system can make a significant difference, helping you navigate the legal proceedings with more ease.

Experienced Support and Nationwide Assistance

A track record of supporting self-represented parents in Family Court hearings across many regions in New Zealand

Our McKenzie Friends understand the unique challenges that self-represented individuals face in family disputes and have helped parents in various regions successfully navigate their hearings. We aim to make the experience smoother and less stressful, empowering you to present your case with confidence. Whether you’re facing Care of Children issues, a dispute over visitation rights, or any other family-related legal matter, our McKenzie Friends can offer the guidance and support you need to feel prepared and confident in court.

How we can help

FDSS provides a range of services for parents who wants to represent themselves in Family Court hearings without legal representation, by providing McKenzie Friend’s services during Family Court hearings. These services include:

Prehearing Preperation

FDSS McKenzie Friends assist with organizing evidence, reviewing your written and oral submissions, and preparing cross-examination questions. They also provide one-on-one training on hearing procedures and courtroom etiquette, equipping you with the skills and confidence needed for the hearing.

During the Hearing

In the Courtroom, a McKenzie Friend sits near you, providing in-court support through note-taking, moral support, and quiet advice on case conduct. They pass notes, offer guidance, and help you make informed decisions about your case, ensuring you feel prepared and supported throughout the process.

What is a McKenzie Friend?

A McKenzie Friend aka Lay- assistants offer support to litigants in person / Self-represented parties — who represent themselves in the Family Court without legal representation. While McKenzie Friends cannot represent you in court nor able to speak on your behalf, their support can significantly reduce the stress of self-representation, allowing you to focus on presenting your case. They offer support with tasks during the hearing or court events such as:

Frequently Asked Questions

A McKenzie Friend is someone who assists you in court if you are representing yourself. They help with tasks like note-taking, advising on strategy, cross-examination questions, and making informed decisions in your family’s best interests. However, they cannot speak in court unless the judge specifically requests them to do so.

A McKenzie Friend can assist you in preparing both written and oral submissions, formulating cross-examination questions, and planning your overall strategy for the hearing. They help ensure you make informed decisions that prioritize your family’s welfare during the court process.

In some cases, yes. You need to file an application with the court for your McKenzie Friend to ask cross-examination questions, particularly in cases involving family violence. This is an alternative to having a lawyer assist in such matters, following the Irving v Irving precedent. The court will decide if this arrangement is appropriate.

 

Yes, you must file an application to have a McKenzie Friend assist you in court. The application needs to be signed in the presence of a court registrar. Additionally, your McKenzie Friend will need to sign an undertaking form agreeing to confidentiality.

Unfortunately, no. You must submit the required paperwork for each hearing you wish to have a McKenzie Friend present. This application process needs to be completed for every hearing in which they assist.

 

Some of our McKenzie Friends have over a decade of experience assisting litigants across various courts in New Zealand, including appellate courts like the High Court and Court of Appeal. They have extensive experience and have supported many individuals during family court hearings.

 

Yes, we offer a separate service called OCS Comprehensive Ongoing Coaching Support. You can register for this service by visiting this link. This service provides pre-hearing coaching to help you prepare.

We typically require at least six weeks’ notice unless it’s an urgent or short cause hearing. This allows sufficient time to prepare and file the necessary paperwork.

Yes, we do charge for McKenzie Friend services. Costs depend on factors such as the length and complexity of the hearing, the amount of preparation required, and travel or accommodation expenses. Please request a callback to discuss the specific costs for your case.

A McKenzie Friend cannot speak on your behalf unless the court grants permission, cannot file legal documents for you, and cannot directly address the judge or witnesses unless specifically requested by the court. They primarily provide support and advice to help you represent yourself effectively.

You can request McKenzie Friend services by contacting FDSS. We will guide you through the process, help you file the necessary applications, and match you with an experienced McKenzie Friend to assist you in court.

 

Yes, we do provide McKenzie Friend services in appellate courts, including the High Court, for family court appeals. We will support you through the appeal process and assist with strategy, submissions, and cross-examination questions if necessary.

 

We cover all regions in New Zealand. Our McKenzie Friends are available nationwide, and while we can travel to your region, there will be associated fees for travel and accommodation.

 

We have McKenzie Friends based in Auckland, New Plymouth, Nelson, and Blenheim, and we are available to assist you no matter where your hearing takes place in New Zealand.

 

Anyone can be a McKenzie Friend, including friends, family members, or a professional McKenzie Friend with experience in court procedures. It’s beneficial if they are familiar with your case and understand basic court protocols.

They can provide moral support, take notes, help organize case papers, and quietly advise on court conduct. Although they cannot act as an advocate or directly address the court, their support is invaluable for those navigating the legal process alone.

No, McKenzie Friends are not qualified lawyers and do not have the right to act as legal representatives or advocates. They offer support and advice but are not permitted to speak on behalf of the litigant unless granted permission by the judge.

The court has discretion to allow or refuse a McKenzie Friend based on whether their presence aids or hinders the efficient administration of justice. They may deny a McKenzie Friend if their involvement is deemed inappropriate, disruptive, or if they fail to respect confidentiality.

Yes, if their presence obstructs proceedings or if they are there for an improper purpose, the court may ask them to leave. McKenzie Friends must adhere to strict standards of confidentiality and conduct.

Yes, you must apply for permission to have a McKenzie Friend attend court with you. Application forms are available on the Ministry of Justice website, and the court will review your request based on the specifics of your case.

 

Many choose McKenzie Friends due to financial constraints or a desire to represent themselves. The role of McKenzie Friends has grown in popularity, particularly following financial challenges, as they offer support without the higher costs associated with legal representation.

By providing support and guidance, they enable self-represented individuals to better navigate the legal system. This supportive role helps ensure that financial barriers do not prevent access to justice.

It’s important that they understand your case and are prepared to uphold confidentiality and court decorum. A well-informed McKenzie Friend can make a significant difference in how effectively you manage your case.

The Family Court website provides detailed guidelines on the role of McKenzie Friends, and FDSS is also available to answer your questions and offer support based on your specific needs.

You can request services by contacting FDSS for a callback to discuss your case. Our team will guide you through the process, helping you determine the best support options for your situation.

 

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