MIAM EXEMPTIONS

MIAM Exemptions (Mediation)

To submit C100 for a Child Arrangement Order, Form A or A1 for Financial Separation or remedy, FM1 for other child arrangements orders under the Children Act 1989, you must first have attempted Mediation – specifically to have attended a Mediation Information and Assessment Meeting (MIAM), under section 10(1) of the Children and Families Act 2014, unless one of the reasons from the other reasons list below applies to your situation.

C100, FM1, Form A, A1, and Form B

If none of the following exemptions from the list apply and;

• If only you attend your MIAM and the other participant refuses to engage with the MIAM process within 10 working days of being contacted or refuses to attend their meeting, or
• If you both attend your MIAM meetings and decide not to proceed further with the mediation process, or
• If you both proceed with the mediation process and the process breaks down with some or no issues resolved, or
• If the mediator feels the mediation process is no longer suitable or safe to continue with, our accredited mediators are qualified to sign the above-named forms for you to proceed with a court application.

There may be other reasons for exemption from a MIAM some of which are listed below:

If an application is made to the courts indicating any of the following exemptions from mediation applies in their situation, the court would normally request to see evidence of the exemption claimed. In the absence of evidence, the court may postpone the hearing and order the parties to attempt mediation first. The court may also order parties to attend mediation at any time during the court proceedings if the court feels mediation may be beneficial for both parties.

Mediators Exemptions

You are exempt from a MIAM if the Mediator says that mediation is not appropriate and signs the relevant part of the court application or issues you with a code to include on an online application.

Reason for self-exemption from mediation

Consent

You are exempt from a MIAM if you and the other party have reached an agreement on the child arrangements and just want the court to issue a consent order to turn your agreement into a legal arrangement. However, a mediator may be able to assist you both in discussing a child arrangement plan and considering how future arrangements may work.

Already in the Court system

You are exempt from a MIAM if your application concerns a child who is the subject of separate ongoing emergency proceedings, care proceedings, or supervision proceedings (or is already the subject of an emergency, care, or supervision order)

Domestic Violence

You are exempt from a MIAM if there is evidence of Domestic Violence, Legal Evidence

• Evidence of a relevant arrest, caution, or conviction
• Evidence of relevant criminal proceedings that have not concluded
• A court order binding you or the other party over in connection with a domestic abuse offence
• A domestic violence protection notice had been issued
• A relevant protective injunction (such as a non-molestation order)
• Evidence of an undertaking given (in England and Wales under Section 46 or 63E of the Family Law Act 1996) where an equivalent cross-undertaking was not given
• A copy of a finding of fact that there has been domestic abuse
• Professional Evidence
• An expert report that has been produced in court proceedings confirming domestic abuse
• A letter or report from an appropriate health professional confirming an in-person examination and that domestic abuse has taken place in their reasonable professional judgement
• A letter or report from either a health professional who made a referral to a domestic abuse support service or from the domestic abuse support service to whom the health professional made the referral
• A letter from a MARAC member (multi-agency risk assessment conference)
• A letter from an IDVA/ISVA confirming they are providing support (Independent Domestic/Sexual Violence Advisor)
• A letter from a local authority or housing association that states there is a risk of or has been domestic abuse, why they think so, and what support has been provided
• A letter from a domestic abuse support organisation or charity that has been established at least 6 months and states there is a risk of or has been domestic abuse, why they think so, what support has been provided, and why that support was needed.
• A letter from a domestic abuse support organisation that confirms that you or the other person was refused admission to a refuge because of allegations of domestic abuse, and what date that was.
• A letter from the Secretary of State for the Home Department confirming leave to remain in the UK under paragraph 289B of the Rules under section 3(2) of the Immigration Act 1971
• Evidence of financial abuse

Child Protection Concerns

You are exempt from a MIAM if a Child Protection Plan is in place or the Local Authority is investigating.

Urgency

You are exempt from a MIAM if there is:

• A risk to life or your home
• A risk that a delay would cause harm to a child or potentially allow an abduction to take place
• A risk that justice could not be done
• A risk of unreasonable hardship
• A risk of irretrievable problems including loss of evidence

Previously attended a MIAM

You are exempt from a MIAM if in the last four months:

• You attended a MIAM for this issue
• You were exempt from a MIAM for this issue
• Other court proceedings are underway for which you either had a MIAM or were exempt from one

Other Reasons

You are exempt from a MIAM if:

• You don’t have any contact details for the other person
• The application is without notice
• A disability prevents mediation from taking place
• One of the people involved is in prison
• One of the people involved doesn’t live in England and Wales
• Either the applicant or respondent is a child
• No mediator (at least 3 if they exist) within 15 miles has an appointment within 15 working days
• There is no mediator within 15 miles

A full list of exemptions can be found at https://www.justice.gov.uk/courts/procedure-rules/family