MIAM Exemptions: Can I Apply to Family Court Without One?

Can I Apply to the Family Court Without Attending a MIAM?

If you are considering an application to the Family Court about arrangements for your children or finances, you may have been told that you need to attend a MIAM first. In most cases, that is the starting point. The rules do, however, set out specific circumstances in which an exemption may apply.

There are circumstances in which you may be able to claim an exemption from the MIAM requirement. The important thing is to understand what the exemption applies to and how it is considered.

What is a MIAM exemption?

A Mediation Information and Assessment Meeting (MIAM) is an individual meeting with a family mediator. It is an opportunity to explain your circumstances, learn about mediation and other ways of resolving matters, and consider what might be suitable for your family.

Before making certain applications to the Family Court, the person applying will usually need to attend a MIAM. An exemption means that, if the relevant conditions are met, they can make the application without attending one first. It does not mean that the court has decided the underlying dispute, or that the other person must agree to mediation.

When might an exemption apply?

The Family Procedure Rules set out a number of circumstances. These include:

Domestic abuse. An exemption may be claimed where the applicant has evidence that meets the requirements set out in the court's Practice Direction. It is important to select this exemption only when it genuinely applies and to provide the required supporting evidence. The court will review the exemption claimed. A criminal conviction is not the only type of evidence the rules recognise.

Child protection concerns. This may apply where a child involved in the proposed application, or another child of the family living with them, is currently the subject of a local authority child protection plan or enquiries under section 47 of the Children Act 1989.

Urgency. Some applications cannot reasonably wait for a MIAM. The rules describe particular risks, including harm to a child, an unlawful removal of a child from the UK, threats to someone's physical safety, significant financial hardship or the irretrievable loss of important evidence. Feeling that a situation is urgent is understandable, but the legal exemption has specific conditions.

Recent attendance. If you have attended a MIAM, or another non-court dispute resolution process, within the previous four months about the same or substantially the same dispute, you may not need to attend another MIAM before applying. Evidence of attendance is required if you rely on another non-court process.

There are also exemptions for particular circumstances, including some applications made without notice, bankruptcy in a financial remedy application, and situations where a person cannot access a MIAM despite meeting the detailed conditions in the rules. Those conditions are quite specific, particularly where online attendance may be possible.

Does an exemption mean mediation is unsuitable?

Not necessarily. A MIAM exemption relates to the requirement to attend a meeting before making a court application. Whether mediation is appropriate is a separate question, which depends on the circumstances and, above all, whether everyone can participate safely and freely.

Equally, nobody should feel they have to try mediation simply because it is mentioned as an option. If there are concerns about abuse, safety or pressure, these need to be taken seriously.

How do I claim an exemption?

If you are making a relevant court application, you indicate on the application form which exemption genuinely applies to your circumstances and provide any supporting evidence the rules require. The court considers the claim. If it finds that an exemption was not validly claimed, or no longer applies, it may direct attendance at a MIAM and, if needed, adjourn the proceedings.

You do not need a mediator to approve a court exemption. If you are unsure which rule applies to your circumstances or what evidence is needed, it may be helpful to obtain independent legal advice.

Can I still book a MIAM if I might be exempt?

Yes. An exemption means you may not have to attend a MIAM before making a court application. It does not prevent you from booking one if you would find it helpful and it is appropriate in your circumstances.

At your individual MIAM, you can talk privately about what is happening, ask questions and understand mediation and the other routes available to you. You do not have to agree to mediate with your former partner simply because you attend. We will also consider whether mediation is suitable and safe in your circumstances.

If you are uncertain about your next step, you are welcome to book a MIAM with us.

This article provides general information about MIAM exemptions in England and Wales. It is not legal advice. If you need advice about whether an exemption applies to your application, the evidence required or an urgent court application, speak to a family law solicitor.