In England, there are certain exceptions to attending a Mediation Information and Assessment Meeting (MIAM) before initiating court proceedings in family law cases. These exceptions recognise situations where attending a MIAM may not be appropriate.
Common exceptions:
- Domestic abuse: If there is evidence or allegations of domestic abuse between the parties, attending a MIAM may not be required. Domestic abuse includes physical, emotional, or financial abuse. The court considers the safety and well-being of the parties and their children as a priority in such cases.
- Urgency: In cases where there is an urgent need to make an application to the court, the requirement for a MIAM may be waived. Urgency could arise in situations where immediate protective measures or interim orders are necessary, such as child abduction cases or imminent risk to a person's safety.
- Inadequate contact details: If the court does not have adequate contact details for the other party, it may waive the requirement for a MIAM. This exception recognizes situations where attempts to contact the other party have been unsuccessful or where their whereabouts are unknown.
- Previous attendance: If the parties have attended a MIAM within the last four months and there has been no significant change in circumstances, they may be exempted from attending another MIAM. This exception acknowledges that parties should not be required to repeat the process unnecessarily within a short period.
It's important to note that these exceptions may vary based on the specific circumstances and the discretion of the court. It's advisable to consult the latest legislation, court rules, and seek legal advice tailored to your particular case to determine whether you fall under any of the exceptions to attending a MIAM in England.
