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Hi, i have been informed that my ex girlfriend who is the Respondent intends to take my ex-wife into court as a McKenzie friend. Can I object to this as although they are friends, my ex-wife has a personal interest in the case and if I need to later bring up the physical assaults that I was the victim of from the Respondent then my ex-wife is a material witness to at least 3 of these episodes!
Thanks
Tel.
Most definitely, theres a conflict of interest there, and youre right she has a personal interest as she is your ex wife. I would write to the court and put them in the picture.
Thanks for the reply Nannyjane. So am i right in thinking that if she wishes to have a friend accompany her then they automatically become a so called McKenzie friend? As Family proceedings are held in private is she allowed a friend to attend any private meetings and be present at directions,etc? Am not sure of the difference, if any, between a friend acting as a McKenzie friend, and just a friend coming along for moral support??
Tel.
A McKenzie friend is a lay person that is given permission to attend with the LIP to assist them in presenting their case, they cannot talk for the LIP or make decisions about the presentation of the case.
It has been known for partners to assist in this way but generally the courts don't like this kind of personal involvement. You have to ask permission from the court by letter to have an MF accompany you. She couldn't just turn up with her friend and expect her to be allowed in, its a closed court and confidentiality is very important.
The fact that she is your ex wife and is a material witness to DV by the respondent but is supporting the respondent means she wouldn't be an appropriate MF. Heres a link to further information about MFs, check out the Practice Guidance point 6. -
www.thecustodyminefield.com/mobile/practiceguidancemfs.html
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