Support Persons in FDR

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A support person can be a family member, close friend or other support worker.  If you have a lawyer at a Conference, you don’t necessarily need to bring a support person.

Can I bring a support person to FDR?

In certain circumstances, when participating in a Family Dispute Resolution Conference (FDR) at Legal Services, participants may be able to bring someone to support them. Some people find it helpful and calming to have a support person with them at a Conference especially if there are or have been concerns about safety.

Who can be a support person?

FDR Conferences at Legal Services are a lawyer assisted process where you can have a lawyer represent and support you at a Conference. If you have a lawyer at a Conference, you don’t necessarily need to bring a support person.

In addition to your lawyer, you can bring one other support person to attend at a Conference with you,  such as a family member, close friend, or other support worker (such as a social worker; case worker or similar) if you need to. You can also bring a therapy or assistance animal to a Conference if you require one.

You should not bring anyone who could have a potential conflct of interest as your support person to a Conference. You should not bring a support person who is also a party to the Conference.

At a Conference, if someone involved in the FDR does not agree to a certain support person attending with you (including the other person involved in the dispute, the Chairperson, or a lawyer) the support person will not be able to attend.  If the Chairperson also believes that the support person being there would hinder the success of the Conference, or does not consider the support person as appropriate, the support person will be asked to leave. It is important that you inform the FDR Unit and your lawyer well in advance about who will be your support person at a Conference so that we can ensure that they are suitable to attend.

Can children attend FDR?

Children are not considered as support persons at a Conference. It is not appropriate for children to attend at any FDR Conference. Legal Services does not have childcare facilities. Please arrange childcare for the children in your care for the duration of a Conference. Children should also not be within earshot or be involved in a Conference which is held via telephone or online. Children who are infants and/or who are breast feeding may attend with you at a Conference. An additional comfort room can be organised in these circumstances. Please advise the FDR Unit if you need to bring an infant to a Conference.

What is the role of a support person at a Conference?

Support people provide ‘silent support’ during a Conference. They do not play an active role and are not a party to the Conference. Support persons must not participate in any discussions or negotiations about the issues that arise during the process. A support person cannot advocate on your behalf unless they are a lawyer instructed by you.

A support person can assist you to arrive and exit a Conference safely. They can also sit in the private room with you during the Conference and support you in this time. Generally, parties will remain in a private room during a Conference. The parties usually won’t go ‘face to face’ and the Chairperson will ‘shuttle’ between the private rooms with the lawyers during the session.

A support person can help you deal with your feelings during the Conference at any scheduled break. You can request a break in the Conference at any time from the Chairperson.

A support person cannot provide instructions to your lawyer, discuss issues with the Chairperson, speak to the other party’s lawyer or any independent children’s lawyer involved in a Conference. They also cannot make a complaint following a Conference on your behalf.

Rules for support persons

A support person is bound by the rules of confidentiality during a Conference. A support person must understand that they are not allowed to disclose whatever information they hear during a Conference to anyone else at any time, including the Court, or in any other way, such as via social media because the process is confidential. Support persons should understand that breaching these rules can have serious ramifications. Support persons are required before a Conference to sign a confidentially agreement that they understand these rules.

A support person may be asked to leave the Conference at any time if the Chairperson finds they are not helpful to the process, become disruptive or do not agree to the terms of the confidentiality agreement.

Support people are not eligible for a grant of legal aid for the Conference.

Queries

If you have any queries about the role of a support person or you wish to advise the FDR Unit of your intended support person, or if you require other supports, please contact the FDR Unit on fdrsecretary@lsc.sa.gov.au or call 8111 5534.

31 August 2023