OpenLegislation

Rule 3.8 Circumstances in which the MIAM requirement does not apply (MIAM exemptions ...)F1F35

The MIAM requirement does not apply if—

(1)

a prospective applicant claims in the relevant form that any of the following circumstances (a “MIAM exemption”) applies—

Domestic F2abuse

(a)

there is evidence of domestic F3abuse, as specified in Practice Direction 3A; or

Child protection concerns

(b)
(i)

— a child would be the subject of the application; and

(ii)

that child or another child of the family who is living with that child is currently—

(aa)

the subject of enquiries by a local authority under section 47 of the 1989 Act; or

(ab)

the subject of a child protection plan put in place by a local authority; or

Urgency

(c)

the application must be made urgently because—

(i)

there is risk to the life, liberty or physical safety of the prospective applicant or his or her family or his or her home; or

(ii)

any delay caused by attending a MIAM would cause—

(aa)

a risk of harm to a child;

(ab)

a risk of unlawful removal of a child from the United Kingdom, or a risk of unlawful retention of a child who is currently outside England and Wales;

(ac)

a significant risk of a miscarriage of justice;

(ad)

F4significant financial hardship to the prospective applicant; or

(ae)

irretrievable problems in dealing with the dispute (including the irretrievable loss of significant evidence); or

(iii)

there is a significant risk that in the period necessary to schedule and attend a MIAM, proceedings relating to the dispute will be brought in another state in which a valid claim to jurisdiction may exist, such that a court in that other State would be seised of the dispute before a court in England and Wales; or

Previous MIAM attendance or F5non-court dispute resolution attendance

(d)

—

(i)

in the 4 months prior to making the application, the person attended a MIAM or F6a non-court dispute resolution F7process relating to the same or substantially the same dispute F8; and

(ii)

F9where the person attended a non-court dispute resolution process, there is evidence of that attendance, as specified in Practice Direction 3A; or

F10(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)

—

(i)

the application would be made in existing proceedings which are continuing; and

(ii)

the prospective applicant attended a MIAM before initiating those proceedings; or

F11(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other

(h)

—

(i)

there is evidence that the prospective applicant is bankrupt, as specified in Practice Direction 3A; and

(ii)

the proceedings would be for a financial remedy; or

F12(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)

the application would be made without notice; or

(Paragraph 5.1 of Practice Direction 18A sets out the circumstances in which applications may be made without notice.)

(k)

—

(F13ai)

the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court;

(i)

the prospective applicant is F14... subject to a disability or other inability that would prevent attendance F15in person at a MIAM unless appropriate facilities can be offered by an authorised mediator;

(ii)

the prospective applicant has contacted as many authorised family mediators as have an office within fifteen miles of his or home (or F16five of them if there are five or more), and all have stated that they are unable to provide such facilities; and

(iii)

the names, postal addresses and telephone numbers or e-mail addresses for F17the authorised family mediators F18contacted by the prospective applicant, and the dates of contact, F19are provided to the court F20...; or

(l)

the prospective applicant F21... cannot attend a MIAM because F22the prospective applicant is —

(i)

in prison or any other institution in which F23the prospective applicant is required to be detained F24and facilities cannot be made available for them to attend a MIAM online or by video-link;

(ii)

subject to conditions of bail that prevent contact with the other person; or

(iii)

subject to a licence with a prohibited contact requirement in relation to the other person; or

F25(m)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n)

a child is one of the prospective parties F26...; or

(o)

—

(F27ai)

the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court;

(i)

the prospective applicant has contacted as many authorised family mediators as have an office within fifteen miles of his or her home (or F28five of them if there are five or more), and all of them have stated that they are not available to conduct a MIAM within fifteen business days of the date of contact; and

(ii)

the names, postal addresses and telephone numbers or e-mail addresses for F29the authorised family mediators F30contacted by the prospective applicant, and the dates of contact, F31are provided to the court F32...; or

(F33p)

—

(i)

the prospective applicant is not able to attend a MIAM online or by video-link;

(ii)

there is no authorised family mediator with an office within fifteen miles of the prospective applicant’s home; and

(iii)

an explanation of why this exemption applies is provided by the prospective applicant to the court.

F34(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Pt. 3 substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 5

F2

Word in rule 3.8(1)(a) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(a)

F3

Word in rule 3.8(1)(a) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(b)

F4

Words in rule 3.8(1)(c)(ii)(ad) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(c)

F5

Words in rule 3.8(1)(d) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(d)

F6

Word in rule 3.8(1)(d)(i) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(e)(i)(aa)

F7

Word in rule 3.8(1)(d)(i) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(e)(i)(bb)

F8

Word in rule 3.8(1)(d)(i) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(e)(i)(cc)

F9

Rule 3.8(1)(d)(ii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(e)(ii)

F10

Rule 3.8(1)(e) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(f)

F11

Rule 3.8(1)(g) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(f)

F12

Rule 3.8(1)(i) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(f)

F13

Rule 3.8(1)(k)(ai) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(i)

F14

Words in rule 3.8(1)(k)(i) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(ii)(aa)

F15

Words in rule 3.8(1)(k)(i) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(ii)(bb)

F16

Word in rule 3.8(1)(k)(ii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iii)

F17

Word in rule 3.8(1)(k)(iii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iv)(aa)

F18

Words in rule 3.8(1)(k)(iii) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iv)(bb)

F19

Word in rule 3.8(1)(k)(iii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iv)(cc)

F20

Words in rule 3.8(1)(k)(iii) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(g)(iv)(dd)

F21

Words in rule 3.8(1)(l) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(h)(i)

F22

Words in rule 3.8(1)(l) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(h)(ii)

F23

Words in rule 3.8(1)(l)(i) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(h)(iii)(aa)

F24

Words in rule 3.8(1)(l)(i) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(h)(iii)(bb)

F25

Rule 3.8(1)(m) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(i)

F26

Words in rule 3.8(1)(n) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(j)

F27

Rule 3.8(1)(o)(ai) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(i)

F28

Word in rule 3.8(1)(o)(i) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(ii)

F29

Word in rule 3.8(1)(o)(ii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(iii)(aa)

F30

Words in rule 3.8(1)(o)(ii) inserted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(iii)(bb)

F31

Word in rule 3.8(1)(o)(ii) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(iii)(cc)

F32

Words in rule 3.8(1)(o)(ii) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(k)(iii)(dd)

F33

Rule 3.8(1)(p) substituted (29.4.2024) by The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 11(l)

F34

Rule 3.8(2) omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 12

F35

Words in rule 3.8 heading omitted (29.4.2024) by virtue of The Family Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1324), rules 1(3)(b), 10