Rule 3.8 Circumstances in which the MIAM requirement does not apply (MIAM exemptions ...)F1F35
The MIAM requirement does not apply if—
a prospective applicant claims in the relevant form that any of the following circumstances (a “MIAM exemption”) applies—
Domestic F2abuse
there is evidence of domestic F3abuse, as specified in Practice Direction 3A; or
Child protection concerns
— a child would be the subject of the application; and
that child or another child of the family who is living with that child is currently—
the subject of enquiries by a local authority under section 47 of the 1989 Act; or
the subject of a child protection plan put in place by a local authority; or
Urgency
the application must be made urgently because—
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
any delay caused by attending a MIAM would cause—
a risk of harm to a child;
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;
a significant risk of a miscarriage of justice;
F4significant financial hardship to the prospective applicant; or
irretrievable problems in dealing with the dispute (including the irretrievable loss of significant evidence); or
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
—
F9where the person attended a non-court dispute resolution process, there is evidence of that attendance, as specified in Practice Direction 3A; or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
—
the application would be made in existing proceedings which are continuing; and
the prospective applicant attended a MIAM before initiating those proceedings; or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other
—
there is evidence that the prospective applicant is bankrupt, as specified in Practice Direction 3A; and
the proceedings would be for a financial remedy; or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.)
—
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;
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a child is one of the prospective parties F26...; or
—
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;
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
—
the prospective applicant is not able to attend a MIAM online or by video-link;
there is no authorised family mediator with an office within fifteen miles of the prospective applicant’s home; and
an explanation of why this exemption applies is provided by the prospective applicant to the court.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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