Student stories

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For many law students, the study of family law is rooted in casebooks, lectures, and seminar debates. While these are essential, nothing truly prepares you for the emotional and practical realities of family justice like stepping inside a courtroom. Through the McKenzie Friend Court Project at the Family Law Clinic at the University of Sussex, I had the opportunity to move beyond theory and directly support litigants in person navigating the family justice system without legal representation. 

This experience fundamentally reshaped my understanding of access to justice, professional responsibility, and the human side of legal practice. 

The role and importance of a McKenzie Friend in family court proceedings

A McKenzie Friend does not act as a legal representative. Instead, the role centres on quiet but meaningful support: helping litigants organise documents, taking notes during hearings, prompting them on their key points, and providing reassurance throughout what is often an overwhelming process. The role of a McKenzie Friend is carefully defined. A McKenzie Friend provides support but does not advocate or conduct litigation. The litigant retains full responsibility for presenting their case and addressing the court. Although limited in scope, the role carries a significance that extends far beyond its formal constraints. 

Through being a McKenzie Friend, what struck me most was how vital this support can be. Many litigants in person face complex procedures, unfamiliar legal language, and highly emotional disputes involving children, finances, and long-standing family relationships. The absence of legal representation can leave individuals feeling isolated and disadvantaged.

Being present as a calm and organised support person can make a tangible difference by enabling litigants in person to participate more confidently and effectively in their own proceedings. In this way, the role of a McKenzie Friend sits at the intersection of procedural assistance and emotional support, reinforcing the principle that access to justice is not only about representation, but about meaningful participation. 

From lecture notes to real lives

In the classroom, family law often revolves around legal principles: welfare of the child, procedural fairness, and judicial discretion. In court, those principles translate into real families, real conflict, and real vulnerability.

Attending hearings highlighted the emotional intensity of family proceedings. Parents were navigating not only legal arguments but also fear, frustration, and uncertainty about their children’s futures. Observing this reminded me that family law is as much about empathy and communication as it is about legal knowledge. 

I also became aware of the procedural challenges litigants face.  Without assistance, simple tasks like finding the right courtroom, comprehending the sequence of events, or interpreting court orders can feel daunting without guidance. Supporting litigants through these moments reinforced the importance of clarity and accessibility within the justice system.

Access to justice in practice 

One of the most significant lessons I learned through this experience was how the concept of “access to justice” operates in practice rather than theory.

For many individuals, appearing in family court without representation is not a choice but a necessity. The emotional strain of separation or disputes concerning children is compounded by the responsibility of presenting one’s own case. Courtrooms can feel formal and intimidating, and the procedural expectations placed on litigants are substantial. Even where judges and magistrates strive to ensure fairness, the imbalance in legal knowledge is striking.

As a McKenzie Friend, I witnessed firsthand how minor interventions, like arranging paperwork, explaining the outcome of the court hearing, or simply just providing comfort prior to entering the courtroom, could significantly reduce stress and anxiety. These moments may seem minor, but they can contribute to a litigant’s confidence and ability to participate meaningfully in proceedings. Many litigants often showed appreciation for these small forms of support, particularly valuing the reassurance of having someone present to take notes and help them navigate what can otherwise be an overwhelming process.

Professional responsibility and personal growth

This role also required careful reflection on professional boundaries. A McKenzie Friend must remain supportive without overstepping into advocacy. Learning to balance empathy with professionalism was a valuable lesson. It reinforced the importance of ethical awareness – understanding the limits of the assistance that can be provided as a non-qualified law student, and respecting the boundaries of what must properly remain within the courts control.

On a personal level, the experience strengthened my confidence and resilience. Observing magistrates and judges manage emotionally charged hearings with composure demonstrates the importance of calm leadership in legal practice. It also highlighted the responsibility legal professionals carry when guiding individuals through some of the most vulnerable moments of their lives. 

Ultimately, stepping into the courtroom transformed my perception of family law. It is not merely a subject to be studied, but a lived experience for countless families. Supporting litigants as a McKenzie Friend reminded me why I chose to study law in the first place: to contribute, in whatever capacity I can, to a system that strives to deliver fairness, dignity, and understanding. 

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