What is AN FM1 FORM

Do I need an accredited mediator to sign the court application form?

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Form fM1 /C100 & Other Court Forms

If you are planning on completing an application to the family court system in the UK then you need to speak to a mediator first.  The forms should be completed and signed by a mediator and their client. If the client has been present at MIAM meetings (Mediation and Information and Assessment Meetings) then your mediator can compete the form to provide evidence to the court that such sessions have been completed.

What about when a client has not attended MIAMI?

In the case where a client has not attended MIAMS meetings then the mediator must fill in part 2 of the form. This may explain various reasons why MIAMS meetings were not conducted.

Are there exemptions to mediation?

In particular, exceptional, cases, there is no requirement to undertake MIAMS meetings. It must be noted that these are rare.

The happiest situation in which MIAMS meetings do not have to be undertaken is if there is no dispute to resolve between parties.

If there has been an allegation of domestic violence which has then led to the police taking action, or in the case of a civil dispute involving domestic violence, then MIAMS is not required, and the mediator must express this on the C100 form.

Note that for this to be the case, the allegation and subsequent action must have taken place within the last 12 months.

If there has been a dispute on financial grounds, and there is bankruptcy, then this may be included as a reason not to attend MIAMS on C100 form.

There are other, complex circumstances, in which the C100 Form should indicate if MIAMS meetings are not necessary. These concern when the parties cannot be located, where there would be significant harm to a child or where there are child protection issues are involved.

At MIAMS Family Mediation Service we can help you with the complexities of the Court forms, and talk through your particular circumstances.

What is a C100 Form?

The C100 form is used in the UK to apply for a court order under the Children Act 1989. It’s typically required when parents or guardians cannot agree on arrangements regarding their children and need the court to make a decision. The primary applications that can be made using a C100 form include:

  • Child Arrangements Order: Determines where a child lives, who they spend time with, and when.
  • Prohibited Steps Order: Prevents a parent from taking certain actions concerning a child, such as relocating or changing schools, without the court’s approval.
  • Specific Issue Order: Resolves specific disputes about a child’s upbringing, such as medical treatment or religious education.

When to Use a C100 Form

A C100 form is generally needed when all other avenues of resolving disputes have been exhausted. Ideally, parents should attempt to settle disagreements through mediation or other forms of negotiation before resorting to court proceedings. If these efforts fail to produce an agreement, a C100 form serves as the next step to seek judicial intervention.

Completing a C100 Form

Filling out a C100 form requires careful attention to detail. The applicant must provide comprehensive information about the children involved, the nature of the dispute, and the desired outcome. Additionally, the form requires details about previous attempts at mediation, as attending a Mediation Information and Assessment Meeting (MIAM) is typically a prerequisite before applying to the court.

What is an FM1 Form?

The FM1 form relates to the mediation process and is used to confirm that mediation has been considered before applying for a court order related to children or finances. The FM1 form is part of the Family Procedure Rules and supports the principle that court should be a last resort after all other dispute resolution methods have been tried.

When to Use an FM1 Form

An FM1 form is needed when:

  • You are applying for a court order concerning children or financial matters.
  • Mediation has been attempted but was unsuccessful.
  • Exemptions apply that make mediation inappropriate or unnecessary in certain circumstances, such as cases involving domestic violence or urgency.

Completing an FM1 Form

The FM1 form is completed by a mediator, who confirms whether mediation took place and, if not, provides the reasons. The form is divided into three sections:

  1. Section 1: To be filled out by the applicant with basic information about the parties involved.
  2. Section 2: Completed by the mediator, confirming whether a MIAM was attended and the outcomes of the meeting.
  3. Section 3: Provides details about any exemptions from attending a MIAM.