If you are involved in private proceedings you have three main options regarding your representation in court:
- Appoint a Solicitor
- Represent yourself (litigant in person)
- Represent yourself, with the support of a McKenzie Friend (MF)
The obvious restriction of using a Solicitor is cost , you have possibly done some enquiries. It is no secret that their representation in a straight forward case can run to tens of thousands of pounds.
A less obvious downside to a Solicitor is the approach they will use. They will represent you as their 'client', they will consider your needs over and above your child. This contradicts the primary aim of the court, which is to resolve the issue in the best interests of the child. Such an approach is likely to result in delays in the proceedings. This adds to the emotional impact on all family members. It also comes at a higher financial cost to the 'client'. Solicitor's have no duty of care to the child. My approach puts the child at the centre of any decisions. If I feel your applications is unrealistic, I will tell you at the earliest opportunity. I also do not want to facilitate any acrimony between the parents, as that is not the basis to establish healthy family relationships for the child.
The main benefits to using a Solicitor is that they are trained in law and are regulated. On that basis a Solicitor can deal directly with other parties, assist you with statements and speak on your behalf in court. This can also include cross examining other parties in contested hearings. My experience of Solicitors is that they are knowledgeable, astute and 100% comfortable in the court environment. Nevertheless, you do not require to appoint one to successfully navigate private proceedings. Remember, the judge makes the final decisions, this is based on the evidence placed before them and ultimately what they perceive to be in the best interests of the child.
If you choose to use a MF, you have to accept they are limited to what tasks they can carry out, when compared to a solicitor. However, they can ease the stress of the court process and should be able to support you to prepare a cogent and equitable position, at a fraction of the cost of a Solicitor. Due to the nature of MF's you need to know on what basis they are offering their services. Consider their background and how they have gained their court experience. If they are merely offering emotional/moral support, you may be better taking an unpaid friend or relative.
