Support Persons in FDR

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This information is general and is not a substitute for legal advice. The Legal Services Commission provides free advice for most legal problems. Call the Legal Helpline on 1300 366 424 or visit www.lsc.sa.gov.au or www.lawhandbook.sa.gov.au

Family Dispute Resolution (FDR)

The Family Dispute Resolution (FDR) Unit at Legal Services helps separating families work out future arrangements by providing a family dispute resolution service called Family Law Conferencing. This service allows parties to be represented by a lawyer during a Conference.

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.

Support persons

If you have a lawyer at a Conference, you may not need to bring a support person. In addition to your lawyer, you can bring one other support person to attend a Conference with you. This might be a family member, close friend, or other support worker (such as a social worker or case worker). You may also bring a therapy or assistance animal to a Conference if needed.

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.

If someone involved in the Conference does not agree to your chosen support person attending with you (including the other person involved in the dispute, the Chairperson, or a lawyer), your support person will not be able to attend.

The Chairperson will ask your support person to leave if they believe that your support person is inappropriate or may hinder the success of the Conference.

You should tell the FDR Unit and your lawyer well before the Conference who you intend to bring as your support person so we can ensure they are suitable to attend.

The role of a support person

A support person provides ‘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 you instruct.

A support person can help you arrive and exit a Conference safely. They can also sit with you during the Conference and support you in this time. Generally, parties will remain in a separate, private room during a Conference. The parties will not usually be ‘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 also ask the Chairperson for a break at any time.

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

Can children attend at a FDR Conference at Legal Services?

Children are not considered as support persons for the purposes of a Conference. It is not appropriate for children under the age of 18 to attend at any FDR Conference. The Chairperson will not allow a Conference to proceed if children are present. Legal Services does
not have childcare facilities. Please arrange childcare for the children in your care during a Conference.

Children should also not be within earshot or be involved in a Conference held online or via telephone.

Children who are infants or breastfeeding may attend a Conference with you if required. Please advise the FDR Unit beforehand if you are bringing an infant so that additional arrangements can be made.

Rules for support persons

A support person is bound by the rules of confidentiality during a Conference. This means they must not disclose what they hear during a Conference to anyone else at any time, including the Court, or in any other way, such as via social media. Breaching confidentiality can have serious consequences.

Support persons must sign a confidentially agreement indicating that they understand these rules before the Conference is held.

The Chairperson may ask a support person to leave the Conference at any time if the Chairperson finds them disruptive or not helpful to the process.

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

For more information, please contact us

If you have any questions about the role of a support person or other supports available, or to tell the FDR Unit who you intend to bring as your support person, contact the FDR Unit.

Email  FDRsecretary@lsc.sa.gov.au
Call     8111 5534

14 May 2025