MIAM exemptions
Am I exempt from attending a MIAM?
Before most family court applications, you are usually expected to attend a MIAM. However, there are circumstances where the requirement may not apply, or where a valid exemption can be claimed.
These exemptions exist because there are some situations in which attending a MIAM would be unsafe, unsuitable or impractical. In some cases, supporting evidence will need to be provided with the court application.
If you are dealing with distress, safeguarding concerns or a genuinely urgent issue, you are not expected to ignore that. The question is not simply whether you want to avoid a MIAM, but whether the rules say an exemption applies to your situation.
You should not be expected to attend a MIAM where it would be unsafe or clearly unsuitable to do so. But the court may still expect the correct exemption to be identified and, where required, supported with evidence.
Main exemption categories
The main reasons a MIAM exemption may apply
For most child arrangement applications, the main exemption groupings are:
- Evidence of domestic abuse.
- Child protection concerns.
- Urgency.
- Previous attendance at a MIAM or another non-court dispute resolution process in relation to the same or substantially the same dispute.
- Other specific grounds recognised by the court rules and application form.
Domestic abuse
Where there is evidence of domestic abuse
If you have experienced domestic abuse involving the other person, a MIAM exemption may apply. This usually depends on whether you can provide one of the recognised forms of evidence with your application.
Examples of recognised evidence can include relevant police or criminal justice evidence, injunctions or other protective orders, findings of fact, health professional letters or reports, support-service evidence and certain public authority assessments.
The recognised evidence can also extend to financial abuse. The important point is not to guess which document will do, but to make sure the evidence matches one of the accepted categories before applying.
If you cannot safely gather the evidence straight away, do not assume the issue ends there. The court form allows you to explain why the evidence is not being filed with the application, but you should be careful and precise when doing so.
Child protection and urgency
Where child protection or urgency applies
Child protection concerns may apply where the child in the application, or another child in the family living with that child, is currently the subject of section 47 enquiries or a child protection plan.
Urgency may apply where delay would create a serious risk, such as a risk to safety, a risk of harm to a child, unlawful removal or retention of a child, significant financial hardship, loss of key evidence or another serious procedural disadvantage.
If you are claiming urgency, the reason should be explained clearly in the application itself. The court will then decide whether the MIAM requirement can properly be bypassed.
Previous attendance
If you have already attended a MIAM or another non-court process
A fresh MIAM may not be required if, within the previous four months, you attended a MIAM or another recognised non-court dispute resolution process relating to the same or substantially the same dispute.
Where you are relying on another non-court process, written confirmation from the provider should usually be filed with the application. If you are in existing proceedings and attended a MIAM before those proceedings started, that may also be relevant.
The key point is that previous attendance can support an exemption, but it does not mean you are “not allowed” to attend again. The question is whether the rules still treat a new MIAM as necessary for this application.
Other situations
Other situations where a MIAM may not be required
- The application is for a consent order.
- The child is already the subject of separate ongoing emergency, care or supervision proceedings, or an emergency, care or supervision order.
- The application is being made without notice.
- A child is one of the prospective parties.
- You cannot realistically access a MIAM online and no suitable authorised mediator can offer one in person within the required timeframe, or no suitable facilities are available.
- You are in prison or otherwise detained and suitable remote attendance cannot be arranged.
- You are subject to bail or licence conditions that prevent contact with the other person.
These categories are technical. It is often safer to frame them carefully and accurately than to rely on broad wording such as “I am exempt because things are difficult.” The court will usually want the exemption category to match the form and supporting material.
Next step
Work out the safest and correct next step
If you are unsure whether a MIAM exemption applies, it is better to clarify that before filing your application than to guess and create delay later.
Where a MIAM is appropriate, it can usually be arranged promptly. Where an exemption applies, the important thing is making sure the court application explains that properly and is supported by the right material where needed.