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Litigants in Person Support in Family Court: What Help Exists — and Why Quality McKenzie Friends Matter

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Navigating Family Court without legal representation can feel overwhelming — but you are not without options. While the rise in litigants in person has exposed significant access to justice challenges, a range of support services now exist, from court-based charities to McKenzie Friends offering structured assistance. Understanding what help is available — and the limits of that help — is critical. This guide explains the landscape of litigant support in England and Wales, the role of McKenzie Friends, and why there is an increasing need for ethical, procedurally competent support in modern family proceedings.

Litigants in Person Support in Family Court: What Help Exists — and Why Quality McKenzie Friends Matter

Key Takeaways for Litigants in Person

  • You are entitled to represent yourself in Family Court — and many people now do.
  • Support exists, but it is fragmented and varies in quality.
  • McKenzie Friends can provide structured, strategic assistance — but standards matter.
  • Free support services are valuable but often overstretched.
  • Understanding the limits of each type of support prevents unrealistic expectations.
  • There is a growing need for ethical, professional McKenzie Friends who understand procedure, safeguarding and evidence.

Introduction: You Are Not Alone — But You Must Be Informed

Since the reduction of legal aid in private family law matters, the number of litigants in person has risen significantly. Many individuals now enter the Family Court without solicitors or barristers — not because they choose to, but because they cannot afford representation.

The system has adjusted to this reality. Judges are accustomed to litigants in person. Guidance exists. Court staff assist where they can.

But navigating proceedings without support can feel isolating.

This article explains what support is available to litigants in person in England and Wales, what each service can (and cannot) do, and why there is an increasing need for high-quality, ethically grounded McKenzie Friends.

The Legal Right to Represent Yourself

You have the right to conduct your own case. This is a long-standing principle of access to justice.

The Family Court is governed by the Family Procedure Rules 2010. These rules apply equally whether you are legally represented or not.

The court’s overriding objective requires cases to be dealt with justly and proportionately — and judges must ensure fairness to litigants in person.

However, fairness does not mean advantage. The court cannot act as your legal adviser.

Why Litigants in Person Are Increasing

Key reasons include:

  • Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removing most private family legal aid.
  • Rising legal costs.
  • Increased complexity of family litigation.
  • Growing awareness of self-representation options.

Children cases involving domestic abuse may still qualify for legal aid, but evidential thresholds apply.

Many parties fall just outside eligibility.

What Free Support Is Available?

1. Court Staff

Court staff can assist with procedural queries (forms, filing, deadlines). They cannot provide legal advice.

2. CAFCASS

In children cases, CAFCASS conducts safeguarding checks and may prepare reports. They are independent officers of the court — not advisers to either party.

CAFCASS Official Website

3. Support Through Court (Formerly PSU)

This charity provides volunteers who:

  • Help organise documents.
  • Offer emotional support.
  • Attend hearings for reassurance.

They do not provide legal advice.

Support Through Court

4. Citizens Advice

Provides general legal information and guidance.

Citizens Advice

5. Domestic Abuse Charities

Where relevant, specialist organisations provide advocacy and safeguarding assistance.

The Role of McKenzie Friends

A McKenzie Friend is someone who supports a litigant in person during proceedings.

The role originates from the case of McKenzie v McKenzie (1970).

Guidance is set out by the Judiciary:

Judicial Guidance on McKenzie Friends

What a McKenzie Friend Can Do

  • Provide moral support.
  • Take notes.
  • Help organise documents.
  • Quietly offer advice during hearings.
  • Assist with drafting documents.

What They Cannot Do (Without Permission)

  • Address the court.
  • Examine witnesses.
  • Conduct litigation formally.

Rights of audience require specific permission.

Why Quality Matters

Not all McKenzie Friends operate to the same standard.

The absence of formal regulation creates variability.

High-quality McKenzie support should include:

  • Strong understanding of Family Procedure Rules.
  • Knowledge of safeguarding frameworks (PD12J).
  • Clear boundaries regarding role.
  • Transparent fees.
  • Professional documentation standards.
  • Data protection awareness.

Litigants are vulnerable. Poor advice can cause procedural damage.

Ethical Considerations

A McKenzie Friend must not:

  • Encourage vexatious litigation.
  • Inflame conflict.
  • Provide misleading assurances.
  • Undermine court authority.

The role should enhance clarity and structure — not escalate hostility.

Why There Is a Growing Need for Professional McKenzie Support

Family cases increasingly involve:

  • Complex safeguarding issues.
  • Digital evidence.
  • Fact-finding hearings.
  • Detailed disclosure obligations.
  • Procedural compliance requirements.

Litigants in person often struggle with:

  • Drafting coherent witness statements.
  • Preparing bundles compliant with PD27A.
  • Understanding the welfare checklist under the Children Act 1989.

Professional, ethically grounded McKenzie Friends bridge that gap.

Emotional Support vs Strategic Support

Support services often provide emotional reassurance — which is important.

Strategic support is different. It involves:

  • Issue identification.
  • Evidence alignment.
  • Procedural awareness.
  • Hearing preparation.

Both forms of support matter.

Risks of No Support

  • Missed deadlines.
  • Procedural non-compliance.
  • Overlong statements.
  • Disorganised bundles.
  • Emotional reactivity in hearings.

Judges cannot compensate for structural disorganisation.

Access to Justice: A Structural Challenge

The Family Court remains under significant pressure.

Delays, listing backlogs and limited judicial time increase the importance of focused preparation.

Litigant support is not a luxury — it is part of modern access to justice.

How to Choose a McKenzie Friend

Ask:

  • What is your experience in family law?
  • How do you approach safeguarding cases?
  • What are your boundaries?
  • Do you provide written engagement terms?
  • How do you protect client data?

Clarity protects both parties.

How JSH Law Supports Litigants in Person

JSH Law provides litigation support services including:

  • Strategic case review.
  • Evidence structuring.
  • Chronology drafting.
  • Bundle preparation.
  • Hearing preparation.
  • McKenzie Friend attendance.

The aim is not to replace solicitors where representation is available — but to provide structured, principled support where it is not.

Book a 15-Minute Consultation

If you are navigating Family Court alone and need clarity about your next step, you can book a short consultation.

Useful Links

Regulatory & Editorial Notice

This article is for general information only and does not constitute legal advice. Each case depends on its own facts and procedural history.

JSH Law provides litigation support services to litigants in person. JSH Law is not a firm of solicitors and does not conduct reserved legal activities.

Advocacy Skills for Litigants in Person: How to Present Your Case Clearly and Effectively in Family Court

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Advocacy is not about being loud, emotional, or argumentative. It is about presenting your case clearly, calmly, and strategically so the judge can make a decision that serves your child’s welfare. In this guide for litigants in person, we break down the structure of effective advocacy in Family Court — from opening submissions and referencing evidence properly to cross-examination skills and closing arguments. If you are representing yourself, this is the framework you need.

Advocacy Skills for Litigants in Person: How to Present Your Case Clearly and Effectively in Family Court

Court Skills for Litigants in Person  |  England & Wales  |  Practical, strategic and structured

Key takeaways for litigants in person

  • Advocacy is clarity under pressure — not performance or volume.
  • The court wants structure: issue, law, evidence, proposed order.
  • Judges respond to proportionate, child-focused reasoning — not emotional narrative.
  • Preparation matters more than confidence.
  • Short, focused submissions are stronger than long, unfocused ones.
  • Credibility is built through restraint, accuracy and respect for the process.

Advocacy is not about being the loudest person in the room. It is not about delivering a speech. And it is not about “winning the argument”.

Advocacy in Family Court is the disciplined presentation of your case in a way that assists the judge.

If you are a litigant in person, you are doing two jobs at once:

  • You are a party to emotionally difficult proceedings.
  • You are your own advocate.

That is not easy. But it is manageable if you understand what good advocacy actually looks like.

1. What the Court Is Really Listening For

In private children proceedings, the court’s focus is governed by section 1 of the Children Act 1989 . The child’s welfare is paramount.

Judges are listening for:

  • What order are you asking for?
  • Why does that order promote welfare?
  • What evidence supports your position?
  • Is your proposal workable and proportionate?

If your submission does not answer those questions, it will feel unfocused — even if it is heartfelt.

2. The Core Structure of Effective Advocacy

Whether you are addressing the court at a First Hearing Dispute Resolution Appointment (FHDRA), a directions hearing, or a final hearing, use this structure:

  1. Identify the issue.
  2. State the legal framework.
  3. Refer to the key evidence.
  4. Propose a clear order.

Example (Child Arrangements Case)

Issue: The current informal arrangement is unstable and leading to conflict at handovers.

Law: The child’s welfare under s.1 Children Act 1989; harm suffered and risk of harm.

Evidence: Three missed handovers (bundle pages X–Y); school letter confirming child distress.

Proposed Order: Defined alternate weekend contact with school-based handovers.

That is advocacy. Short. Structured. Focused.

3. Tone and Demeanour: How You Present Matters

Judges expect:

  • Respectful language.
  • No interruptions.
  • No personal attacks.
  • Calm responses under challenge.

Losing composure undermines credibility. Even if the other party provokes you.

Advocacy is controlled discipline.

4. Dealing with Evidence in Oral Submissions

Refer to page numbers. Be precise.

Avoid phrases like: “It’s all in there somewhere.”

Instead: “Bundle page 142 shows the police reference number confirming the incident.”

Precision builds authority.

5. Cross-Examination Skills (If Applicable)

If you are permitted to question the other party (and subject to Domestic Abuse Act restrictions), questions must be:

  • Short.
  • Specific.
  • Non-argumentative.

Example:

  • “On 4 March, did you cancel contact at 7:45pm?”

Not: “You always manipulate contact to control me, don’t you?”

The first invites a factual answer. The second invites conflict.

6. Common Advocacy Mistakes

  • Reading a 20-page statement aloud.
  • Re-arguing past points repeatedly.
  • Interrupting the judge.
  • Speaking over the other party.
  • Failing to propose a clear outcome.

Judges are time-pressured. Clarity helps them help you.

7. Managing Nerves

  • Prepare bullet points.
  • Practice aloud.
  • Focus on structure, not performance.
  • Pause before answering.

Silence is not weakness. It is thinking time.

8. Advocacy in Safeguarding Cases

Where domestic abuse is raised, the court applies Practice Direction 12J .

Your advocacy must:

  • Identify risk.
  • Link it to welfare.
  • Propose proportionate safeguards.

Avoid framing safeguarding as punishment. Frame it as protection.

9. Closing Submissions at Final Hearing

Your closing should:

  1. Summarise findings you seek.
  2. Link them to welfare checklist factors.
  3. Propose final orders clearly.

Keep it focused. Judges appreciate brevity.

10. The Mindset Shift: From Emotion to Structure

Advocacy requires a shift:

  • From grievance to framework.
  • From reaction to strategy.
  • From narrative to evidence.

This is not about suppressing emotion. It is about presenting it lawfully.

Book a 15-minute consultation (phone)

If you want help preparing structured submissions or practising how to present your case calmly and clearly, you can book a consultation below.

6 Useful Links

Regulatory & Editorial Notice

This article is for general information only and does not constitute legal advice. JSH Law provides litigation support services to litigants in person and does not conduct reserved legal activities.