McKenzie Friend: Family Court Training a Huge Success

Family Court Training a Huge Success

A dozen self litigants and those wishing to help others through the Family Court attended a workshop over the weekend run by a former ex senior lawyer. Vinay Deobhakta has set up McKenzie Friend Professionals to help people win in the courtroom without having to employ a lawyer. McKenzie Friend is a relatively new concept in New Zealand but is set to turn the justice system on its head.

“In recent years with the amendments to our legal aid system, many people can't qualify for legal aid but are too poor to afford a lawyer and have found themselves cast adrift in our legal system, often having to represent themselves which has denied them justice, especially if they are pitched against highly skilled lawyers. Post divorce especially is a difficult financial time for many parents who may be then faced with having to resolve custody issues through the Family Court and care for the wellbeing of children" says Deobhakta.

The biggest advantage of training to represent yourself in court is that it is more cost effective. "Oftentimes people may need the support of a third party though, especially when dealing with very emotional issues such as domestic violence, and we can provide a professional McKenzie friend to assist if that is the case. They can keep objectivity in your case. A good McKenzie Friend will guide you through process in the court room and keep you on track with the relevant points you need to make to a judge. That can be a life saver, for the litigant and the judge" emphasises Deobhakta whose father served as a judge in the Auckland District Court for 33 years.

Anyone can be a McKenzie friend who wishes to assist you through the court process and oftentimes family and friends step in. They cannot however be lawyers with practising certificates. Having someone who is so close to you though can have detrimental effects as they are not impartial and can indeed exacerbate conflict because one party feels attacked by not just one person but two.

"In a case I assisted with recently the ex partner of a woman brought his girlfriend in who was legally trained and had caused a huge amount of conflict already between the parties" says Deobhakta.

The original term McKenzie Friend came from a UK divorce case in 1970. The parties were West-Indian. The husband, Levine MacKenzie, was no longer able to afford his legal team and so they graciously offered him a young Australian barrister (Ian Hanger) to assist. Hangar had just started working with them but was not qualified. The judge however would not allow Hangar to assist, except in adjournments and they lost the case. On appeal however they won and set in stone that anyone is allowed assistance during court proceedings and those assisting do not have to be qualified lawyers.

In the family court especially self litigants have increased dramatically in recent years putting strain on our justice system as court officials help educate them on protocol. The Family Court as a result has seen backlogs in the system.

For those interested in the law who want to train professionally to help others, McKenzie Friend Professionals runs a one year Accreditation Programme. McKenzie friends can assist in both the family court and disputes tribunal. The course is made up of several modules, including modules about both of these courts. It includes how to navigate websites to understand process and around the court, access forms and case law as well as some mock role plays of what you can expect in a court room and the protocols of the court room.

Most courses are held in South Auckland but over the weekend the Mt Albert Community and Leisure Centre hosted this 1 dayer on the Family Court.

Says course participant Debbie Swanwick "The family court has been highly criticised in recent years by court users and it great to see court users feeling empowered that they can navigate their own case going forward. Vinay was definitely committed to holding peoples hands while they did so as well and ensuring that in future judges are happy with the calibre of training provided to assist them in the court room which I would recommend to anyone who is considering self representing or looking to assist someone as a McKenzie friend"

If you have your own court battle or are interested in the study programme McKenzie Friend Professionals can be contacted through their Facebook pages or website www.mfprofessionals.org.nz

PHOTO: If you have a legal matter and feel are stuck between a rock and a hard place McKenzie Friend Professionals can help. Pictures McKenzie Friend Professionals directors Vinay Deobhakta and Savia Arbuckle.

ENDS

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