MIAM Exemptions: When You Do Not Need to Attend

MIAM Exemptions Overview

In most cases, you must attend a MIAM before applying to family court. However, the law recognises that mediation is not always appropriate or safe. There are specific circumstances where you may be exempt from attending a MIAM.

These exemptions are set out in Practice Direction 3A of the Family Procedure Rules 2010. If you believe an exemption applies to you, you should still speak to a mediator if possible, as they can confirm whether the exemption is valid and sign the relevant section of your court form.

1. Domestic Abuse

You are exempt if there is evidence that you or your child has been the victim of domestic abuse by the other party. Since the Domestic Abuse Act 2021, this includes:

• Physical or sexual abuse
• Violent or threatening behaviour
• Controlling or coercive behaviour
• Economic abuse
• Psychological, emotional, or other abuse

Evidence required may include: a relevant police caution or conviction, a protective injunction (non-molestation order or occupation order), a letter from a domestic abuse support service, a letter from a GP or health professional, or a finding of fact by a court.

2. Child Protection

You are exempt if the child who is the subject of your application is currently:

• The subject of enquiries by the local authority under Section 47 of the Children Act 1989 (where a child is suspected to be at risk of significant harm).
• The subject of a child protection plan put in place by the local authority.

3. Urgency

You are exempt if the application is urgent because:

• There is a risk to the life, liberty, or physical safety of you, your child, or another person.
• Any delay caused by attending a MIAM would cause a risk of significant harm to a child.
• Any delay would cause a risk of a miscarriage of justice.
• There is a risk of unreasonable hardship to the applicant.
• Any delay would cause a risk of irretrievable problems in dealing with the dispute.

4. Previous MIAM

You are exempt if you attended a MIAM within the last four months about the same dispute, and the mediator confirmed that mediation was not suitable or that the other party was not willing to attend.

5. Previous Mediation

You are exempt if you and the other party attempted mediation (not just a MIAM) within the last four months about the same dispute, but it was not successful.

6. Cannot Locate the Other Party

You are exempt if the applicant does not have sufficient contact details for the other party to enable a mediator to contact them.

7. Other Party in Prison

You are exempt if the other party is currently in prison or is subject to bail conditions that prevent contact with the applicant.

8. Disability

You are exempt if you or the other party has a disability (as defined by the Equality Act 2010) that would prevent you from attending a MIAM, and the mediator is not able to make reasonable adjustments.

9. No Authorised Mediator Available

You are exempt if there is no authorised family mediator with an office within 15 miles of your home, or if no mediator within 15 miles is able to conduct a MIAM within 15 working days of being contacted.

10. Bankruptcy (Financial Applications Only)

For financial applications (Form A), you are exempt if you or the other party is bankrupt.

Other Exemptions

• The application is made without notice (i.e. the other party is not being told about it in advance).
• The application is being made to vary, extend, or discharge an existing court order, and a MIAM was attended before the original order was made.
• The application is for a consent order (both parties have already agreed).

Not Sure If You Are Exempt?

If you are unsure whether an exemption applies to your situation, the safest approach is to book a MIAM anyway. Your mediator will assess the circumstances and, if an exemption does apply, will sign the relevant section of your court form at no additional cost. This avoids the risk of your court application being rejected.

Related Guides

• What Is a MIAM?
• Child Arrangements
• How Mediation Works
• Pricing

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