Case Study :: Family Law :: McKenzie Friend Support

Christine: case study in a McKenzie Friend support final hearing

Christine  (names have been changed) in an Ancillary Relief Final Hearing needing a McKenzie Friend. Christine contacted us via our website. She wrote:

“I did have a barrister but can no longer afford one.  I do not qualify for legal aid as my husband pays my rent in with maintenance and is counted as income.  I had to take him to court for maintenance pending suit back in April. Would love to be put in touch with Shelagh Goldie. I would really appreciate any help offered.” 

Christine had been with her husband Jack for 14 years and married for 7 of those. They have two children 7 and 10 years.

Having met with her, gone through her case and spoken with her on the telephone on a number of occasions, Christine asked if Shelagh could be her McKenzie friend in court at the final hearing. We agreed. We discussed Christine’s case further via telephone and email so we felt prepared and providing ingoing support. 

Day 1

On the morning of the final hearing, Shelagh met Christine at court only 15 minutes before they were due to be heard. However on arrival they discovered that the judge allocated to the case was ill and we would not be in front of a substitute judge until 2pm that afternoon. This was a mixed blessing as we had more time to prepare and focus on the difficult issues. 

The main challenges for Christine were that her husband would be pressing her to work full time rather than part time – something she did not want to do while her children were so young - and Christine was convinced he was hiding significant assets. 

At 3pm we went into court. Jack challenged the presence of Shelagh. The judge explained she was a McKenzie friend and entitled to be there. Jack was also representing himself at this stage and had a family friend with him, but he seemed totally unaware of anybody’s right to a McKenzie friend who can help rather than just be company in court. 

The judge explained the process and the important matter that historical unreasonable behaviour of either party would not be taken into account in this final hearing, “unless is was in the courts eyes inequitable to ignore it”. Such behaviour has to be significant and did not apply in this case. 

It became clear as the case went on, the benefits to Christine of having Shelagh with her were: 

• To take notes.
• To find papers in the bundle when requested.
• To suggest questions to ask.
• To help Christine stay focused on the facts of the case, for which there was evidence and not get drawn into past behaviours.  

Jack however did repeatedly talk about past behaviours, and was reprimanded by the judge on a number of occasions. Shelagh was able to whisper to Christine throughout, guiding her through the evidence and preventing her from reacting when Jack mentioned something inflammatory. 

We adjourned at 4.30pm to come back the next day. Shelagh had only been engaged for one day, however Christine and her friend who was with her said: 

“ It is worth the money to have you here for a second day. You really helped and tomorrow I will be giving more evidence and undergoing cross examination, I need you there.” 

Christine's friend said:

“ I cannot possibly go into court with her. I would get just as angry as she does when faced with how Jack has treated her. I would not be able to keep her focused and calm. If Christine cannot afford you for a second day, I will pay your fee. I can see how much you have helped her, and I want what is best for her.” 

Day 2

Shelagh and Christine met at court at 10am and were back in front of the judge by 11am. Jack’s friend who had been with him yesterday was not there.

Christine faced cross examination by her husband and Shelagh kept her calm, answering questions clearly, honestly and simply. The judge seemed impressed and yet again reprimanded Jack for his inflammatory, inappropriate comments.

The day was exhausting but we made good progress with the case and holes were beginning to appear in Jacks’ story. Christine remained calm, focused and clear throughout. 

However we still did not finish and the case was adjourned for another day the following week. This time Christine decided she did not need Shelagh, as costs were rising. So she appeared on the third day alone. She said: 

“ Thanks for your support, it really helped me. I now understand the approach to take and I see the way the judge works and what she is looking for. I understand that I need clear evidence to back up anything I say. I know what I need to do now.”

Why not contact us now and tell us how we can help.