Before applying to court
Do you need a MIAM before going to court?
Before making many family court applications, you will usually need to attend a MIAM unless a recognised exemption applies.
A MIAM is a Mediation Information and Assessment Meeting. It is the stage where you receive information about mediation and other non-court options, and where a mediator considers whether those options may be suitable for your situation.
It is not required for every family case. The rules apply to specified private law children proceedings and specified financial remedy proceedings, not to all family court work generally.
The basic rule is straightforward: before issuing the relevant application, you normally need either confirmation that you attended a MIAM or a properly claimed exemption.
Which applications
Which court applications usually require a MIAM?
Common examples include applications concerning:
- Child Arrangements Orders.
- Specific Issue Orders.
- Prohibited Steps Orders.
- Financial remedy applications following separation or divorce.
- Property adjustment orders and related financial applications.
The formal list is wider than these headline examples. It can also include certain parental responsibility applications, special guardianship applications, permission applications about a child’s surname or removal from the UK, and specified financial remedy claims.
The MIAM requirement applies to most relevant private law children cases and many financial remedy proceedings. It sits at the start of the process, before the application is issued.
It does not generally apply to public law proceedings involving local authorities. Consent orders and certain emergency or care-related proceedings also sit outside the usual requirement.
Court paperwork
How is the MIAM requirement recorded?
When you submit the application to court, the form must show one of two things:
- You have attended a MIAM and the mediator has completed the relevant confirmation.
- You are claiming a valid MIAM exemption.
If an exemption is claimed, any required supporting evidence should be filed with the application. The court can later check whether the exemption was validly claimed and whether it still applies.
If this part of the application is missing or inaccurate, it can cause delay. It is better to deal with the MIAM requirement before issuing the application than to have the court raise it later.
If you do not attend
What happens if you do not attend your MIAM?
You should not simply skip the MIAM if the requirement applies and no valid exemption exists. If the court finds that the exemption was not validly claimed, or that it no longer applies, it can intervene.
The court may direct you, or both parties, to attend a MIAM. If necessary, it can also adjourn the proceedings so that the MIAM takes place.
In practical terms, that means the case can be slowed down. Addressing the MIAM requirement early usually avoids unnecessary delay, especially where deadlines or urgent child issues are already putting pressure on the application.
If you attend your MIAM but the other person later declines to engage, that does not stop you progressing the application. The mediator can record the appropriate outcome for court purposes.
Why the meeting matters
What is the point of the MIAM before court?
The MIAM is your opportunity to pause before litigation and assess whether mediation, or another non-court route, could help resolve the dispute safely and appropriately.
If you decide mediation is suitable, the next step may be for the other person to be invited to their own MIAM so that joint mediation can be considered.
If court is still the right route, the MIAM helps make sure the application is filed correctly and that the court paperwork reflects the right next step.
Take the next step
Find out whether you need a MIAM before court
If you are preparing for a family court application, dealing with the MIAM requirement early can prevent avoidable delay and uncertainty.
A MIAM gives you a clear chance to understand your options, check whether mediation or another non-court route may help, and make sure the application is properly prepared if court is still needed.