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Legal matters

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McKenzie Friend

36 replies

Blingbaker · 07/05/2012 21:04

My DP is about to start representing himself in the family court and his solicitor suggested that I be his McKenzie Friend. He's been advised to write to the court stating/requesting that I be his MF and include my CV. As I have no legal qualifications what sort of things should go in the CV? I do have other professional qualifications and experience that could be included.

I'd be grateful if anyone could give me some advice.

OP posts:
AdelaideRex · 07/05/2012 21:10

Get in touch with your local Families need Fathers branch they'll be able to assist both of you with the family court.

mumblechum1 · 07/05/2012 21:52

You need to be careful if you are likely to be involved in the proceedings in any way.

I'm surprised his solicitor has suggested it tbh. Mackenzie friends should not be personally involved with either party.

Blingbaker · 07/05/2012 21:54

DP is already a member of FNF and we've been looking at their factsheets. There is a sample CV but I'm concerned about the advice to state that I have no personal interest in the matter being heard when I'm in a relationship with DP. I can't put that I don't have a personal interest.

I know that DP's ex could object to me being his MF and we're ready for that, we've been advised that her objection shouldn't make any difference.

OP posts:
cestlavielife · 07/05/2012 22:12

I think your dp should take someone he not ina relationship with ,.
If he left his ex for you it could be very awkward.
If however his ex is totally ok with you and you all good friends maybe she won't object.
But presumably if you In court tensions are high and this could be adding to it as you so directly nvolved.
Why doesn't he get someone more independent he not in a relationship with ?

Blingbaker · 07/05/2012 22:19

I had no part in their relationship ending and his barrister and solicitor have both said there is no reason I cannot be his MF. His barrister suggested that I become his MF after I said I didn't think I could be.

OP posts:
babybarrister · 08/05/2012 07:09

This reply has been deleted

Message withdrawn at poster's request.

mumblechum1 · 08/05/2012 07:46

Exactly, BB. I refused a MF outside the court door just a few weeks ago because he was the partner of the mother and it was likely he would be spoken to by Cafcass at some point.

the DJ agreed that he should not act as a MF.

babybarrister · 08/05/2012 09:21

This reply has been deleted

Message withdrawn at poster's request.

ChocHobNob · 08/05/2012 09:51

Agree with the others. It is very uncommon for close family members (included unmarried partners) to be allowed to MF. If he is in contact with FNF they can give him the details of impartial MFs.

Blingbaker · 08/05/2012 13:01

Thanks for the comments, I had always assumed that I couldn't be involved but we've been given advice to the contrary. DP will have to have a think about what he wants to do.

OP posts:
JustFab · 08/05/2012 13:05

mumblechum - have you any grounds to back that comment up please?

JustFab · 08/05/2012 13:09

The comment about a MF not personally involved with anyone personally to do with the case, I mean. It is incorrect what you have said and I would be interested to hear where you got the information from.

MOSagain · 08/05/2012 13:33

I agree with babybarrister and mumblechum about the OP not being the MF in this case. I would also object if I was representing the other party as it is inappropriate.

JustFab I think that as Mumblechum is a very experienced family lawyer and as she points out, the DJ also said the partner of the mother should not act as the MF that should suffice.

JustFab · 08/05/2012 13:41

I best phone my barrister then as a friend of the defendant in my case is his MF. It simply isn't the case that you can't be a MF for someone you know. Clearly, there are some relationships where it wouldn't be ideal but it isn't banned.

babybarrister · 08/05/2012 13:46

This reply has been deleted

Message withdrawn at poster's request.

JustFab · 08/05/2012 13:48

I was assuming a MF wasn't a witness as well so accept I may have been confused.

MOSagain · 08/05/2012 13:49

No one is saying a FRIEND of the party cannot be a MF, they are saying the PARTNER shouldn't be. A McKenzie friend is of course a FRIEND! Perhaps you should read the posts more carefully. You should also be aware that the other side can object and there is no guarantee that you can take who you want into Court to be your MF.

mumblechum1 · 08/05/2012 13:51

JustFab, only umpteen qualifications and twenty five years experience.

MOSagain · 08/05/2012 13:51

x-post with babybarrister

babybarrister · 08/05/2012 13:54

This reply has been deleted

Message withdrawn at poster's request.

mumblechum1 · 08/05/2012 13:55
babybarrister · 08/05/2012 13:58

This reply has been deleted

Message withdrawn at poster's request.

mumblechum1 · 08/05/2012 14:01

BB, by FR, what do you mean?

JustFab · 08/05/2012 14:04

" Mackenzie friends should not be personally involved with either party."

You said that, Mumblechum, so are you saying someone who is in a relationship of a sexual nature can't be a MF but a platonic friend can be?

JustFab · 08/05/2012 14:05

I am not the one with a MF. I have a barrister.