Master Course Mckenzie Friend

Module 1: Introduction to Family Law and the Role of a McKenzie Friend

Aim: To provide an overview of the family law system in England and Wales, and the role and responsibilities of a McKenzie Friend.

Content:

  • The sources and principles of family law, such as statutes, case law, and human rights.

  • The main areas of family law, such as divorce, children, domestic violence, and financial remedies.

  • The structure and hierarchy of the family courts, and the different types of judges and magistrates.

  • The stages and procedures of a family law case, from pre-action protocols to final orders.

  • The role and scope of a McKenzie Friend, and the difference between legal advice and legal information.

  • The skills and qualities of a good McKenzie Friend, such as communication, research, and empathy.

  • The ethical and professional standards of a McKenzie Friend, such as confidentiality, impartiality, and honesty.

  • The challenges and risks of being a McKenzie Friend, such as emotional stress, liability, and complaints.

Module 2: Supporting Clients with Children Cases

Aim: To equip learners with the knowledge and skills to support clients with children cases, such as child arrangements, parental responsibility, and specific issues.

Content:

  • The legal framework and best interests principle for children cases, such as the Children Act 1989, the Family Procedure Rules 2010, and the welfare checklist.

  • The types and features of child arrangements orders, such as residence, contact, and shared care.

  • The factors and evidence that influence child arrangements decisions, such as the wishes and feelings of the child, the views of the parents, and the reports of CAFCASS.

  • The process and preparation of applying for or responding to a child arrangements order, such as filling in forms, drafting statements, and gathering documents.

  • The role and expectations of a McKenzie Friend in a children case, such as providing information, guidance, and emotional support to the client.

  • The skills and techniques of a McKenzie Friend in a children case, such as listening, questioning, and summarising.

Module 3: Supporting Clients with Financial Cases

Aim: To equip learners with the knowledge and skills to support clients with financial cases, such as maintenance, property, and pensions.

Content:

  • The legal framework and fairness principle for financial cases, such as the Matrimonial Causes Act 1973, the Civil Partnership Act 2004, and the needs, resources, and contributions approach.

  • The types and features of financial orders, such as periodical payments, lump sums, and transfers of property.

  • The factors and evidence that influence financial decisions, such as the income, assets, and liabilities of the parties, the standard of living, and the duration of the marriage.

  • The process and preparation of applying for or responding to a financial order, such as filling in forms, disclosing finances, and negotiating settlements.

  • The role and expectations of a McKenzie Friend in a financial case, such as providing information, guidance, and practical support to the client.

  • The skills and techniques of a McKenzie Friend in a financial case, such as analysing, calculating, and presenting.

Module 4: Supporting Clients with Final Hearings

Aim: To equip learners with the knowledge and skills to support clients with final hearings, such as directions, evidence, and submissions.

Content:

  • The purpose and format of a final hearing, such as the issues to be decided, the order of events, and the role of the judge.

  • The types and rules of evidence, such as oral, written, and documentary evidence, and the relevance, admissibility, and weight of evidence.

  • The preparation and presentation of evidence, such as drafting witness statements, preparing bundles, and examining witnesses.

  • The types and structure of submissions, such as opening, closing, and skeleton arguments, and the introduction, main points, and conclusion of submissions.

  • The role and expectations of a McKenzie Friend in a final hearing, such as providing information, guidance, and moral support to the client.

  • The skills and techniques of a McKenzie Friend in a final hearing, such as organising, summarising, and persuading.