Understanding MIAM Exemptions: Your Complete Guide to the 15 Legal Exemptions

Do You Really Need to Attend a MIAM? Quick Answer

If you want to apply to the family court for a child arrangements order on a C100 Form or a financial remedy order on a Form A, the default position under Section 10(1) of the Children and Families Act 2014 is that you must attend a MIAM first. A MIAM exemption is the legal route out of that requirement.

The easiest way to check whether you qualify is to use our free-to-use MIAM Exemption Calculator, which walks you through each of the exemptions in FPR Rule 3.8 and tells you on the spot whether you need a MIAM. If you do not qualify, you can book one with us the same day.

What Is a MIAM and When Is It Required?

A MIAM, or Mediation Information and Assessment Meeting, is a short meeting with an authorised family mediator. Practice Direction 3A describes it as a meeting that gives you information about mediation and other forms of non-court dispute resolution. The meeting usually lasts between 45 and 60 minutes and must be held within 15 business days of you contacting the mediator. For the full detail, see our complete guide to attending a MIAM.

The MIAM requirement applies to the following applications, unless you have a valid exemption or the application is for a consent order:

• Private law children applications: child arrangements orders, prohibited steps orders, specific issue orders, parental responsibility orders and special guardianship orders under the Children Act 1989.
• Financial remedy applications: maintenance pending suit, periodical payments, lump sum orders, property adjustment orders, pension sharing orders and related orders under the Matrimonial Causes Act 1973 and Civil Partnership Act 2004.

The person who would be the respondent is also expected to attend a MIAM, either with the applicant or separately.

The Full List of MIAM Exemptions Under FPR Rule 3.8

The exemptions are set out in Practice Direction 3A and Rule 3.8 of the Family Procedure Rules, as updated on 28 April 2024. The table below is a quick reference, and the sections beneath it explain each exemption and the evidence the court expects.

1Domestic Abuse

This is the exemption the courts take most seriously, and it covers the widest range of evidence. Paragraph 20 of Practice Direction 3A lists 21 separate forms of acceptable evidence, from police arrest records and convictions for a domestic abuse offence, to protective injunctions, findings of fact, letters from health professionals, and letters from independent domestic abuse advisors, charities or refuges.

The key point is that the evidence must identify a prospective party as the person who abused, or is at risk of abusing, someone with whom they are “personally connected” under Section 2 of the Domestic Abuse Act 2021. You do not need a conviction, a letter from a domestic abuse charity that has supported you for at least six months is enough.

2Child Protection Concerns

You do not need to attend a MIAM if the child you are applying about is subject to a child protection plan, a care order, a supervision order, an emergency protection order, or is in police protection. This exemption also applies where the local authority has active child protection enquiries running.

3Urgency

Urgency is interpreted strictly. You can skip the MIAM if there is a risk to life, liberty or physical safety of you or your family, or a risk that any delay caused by attending a MIAM would cause a miscarriage of justice, unreasonable hardship, irretrievable problems in dealing with the dispute including the irretrievable loss of significant evidence, or a risk of harm to a child.

Everyday parenting frustration or a slow-moving financial dispute will not meet the urgency threshold. The test is a genuine emergency.

4Previous Non-Court Dispute Resolution Attendance

This is the most recently updated exemption. Under paragraph 21A of Practice Direction 3A, if you have attended a non-court dispute resolution process (including mediation, arbitration, a private FDR, or collaborative law) within the four months before your court application, and it related to the same or substantially the same dispute, you do not need another MIAM. You will need written confirmation from the provider that you attended.

If your MIAM certificate is more than four months old, it has expired and a fresh MIAM is needed.

5Application for a Consent Order

If both parties have already reached agreement and you are applying for a consent order to make that agreement legally binding, the MIAM requirement does not apply. This is set out in paragraphs 12(2)(a) and 13(2)(a) of Practice Direction 3A.

6Ongoing Emergency, Care or Supervision Proceedings

If there are current emergency proceedings, care proceedings or supervision proceedings about the child, or the child is already subject to one of those orders, no MIAM is required.

7Enforcement Applications

In financial remedy proceedings, an application to enforce an existing order or an agreement made in or in contemplation of those proceedings is exempt from the MIAM requirement.

8Bankruptcy

Paragraph 21 of Practice Direction 3A sets out the bankruptcy exemption. It applies where the prospective applicant has applied for a bankruptcy order, where a creditor has petitioned for a bankruptcy order against them, or where a bankruptcy order has already been made.

9No Contact Details for the Other Party

If you do not have sufficient contact details to give to a mediator so they can invite your ex to a MIAM, and you have tried to obtain those details, you qualify for this exemption. You will need to show the steps you have taken, for example contact through mutual family members, social media searches, or a tracing service.

10Prospective Respondent in Prison or Subject to Bail Conditions

If the other party is currently imprisoned, or is subject to bail conditions that prohibit contact or communication with the applicant or a relevant child, a MIAM is not required.

11Prospective Respondent Cannot Attend

This exemption applies where the prospective respondent is not habitually resident in England and Wales, or where their circumstances (for example disability or serious illness) mean they cannot attend a MIAM in person, online or by video link. Reasonable adjustments must be explored first, including online and telephone options.

12Applicant Disability or Inaccessibility

If you have a disability that prevents you from attending a MIAM, and no authorised family mediator within 15 miles of your home can offer appropriate facilities or reasonable adjustments (including online or video link), this exemption applies. You should provide details of the mediators you contacted and the accommodations you asked for.

13Applicant Detained and Cannot Attend

If the applicant is in prison or is otherwise detained, and cannot attend a MIAM including online, this exemption applies.

14Not Habitually Resident in England and Wales

Where the prospective applicant, prospective respondent, or a child the subject of the application is not habitually resident in England and Wales, a MIAM is not required. Note that online mediation has made it easier for people living overseas to attend a MIAM regardless, which is often a better option than skipping it.

15No Authorised Mediator Available Within 15 Miles

Rule 3.8(1)(o) gives an exemption if you have contacted all authorised family mediators with an office within 15 miles of your home (or five of them if there are more), and every one of them has said they cannot offer a MIAM within 15 business days. You must also explain why you cannot attend online or by video link.

Rule 3.8(1)(p) covers the narrower situation where there is no authorised family mediator with an office within 15 miles of your home at all, and you cannot attend online. In practice, both of these exemptions are far less common now that online MIAMs are available across the country, including through our urgent MIAM service.

16Without-Notice Applications

Applications made without notice to the other party (for example an emergency prohibited steps order) are exempt from the MIAM requirement. The court assesses these under the usual without-notice principles in the Family Procedure Rules.

How the Court Checks Your Exemption Claim

Under paragraph 7 of Practice Direction 3A, the court will issue your proceedings once it receives your application, but it will then inquire into any MIAM exemption you have claimed. In private law children cases, that check happens at the gatekeeping stage when the case is allocated to a level of judge. In financial remedy cases, it happens at allocation or at the first hearing.

If the court decides your exemption was not validly claimed, or that it was valid but no longer applies, it can direct you to attend a MIAM and adjourn your proceedings while that happens. Getting your exemption right first time saves you weeks of delay.

The New Duty to Consider Non-Court Dispute Resolution

Paragraph 10A of Practice Direction 3A sets out an important duty that many applicants miss. The court has a duty, at every stage of proceedings, to consider whether non-court dispute resolution is appropriate. In most financial remedy cases and in online private law children cases, paragraph 10C now requires each party to file a standard form setting out their views on using non-court dispute resolution, at least 7 days before the first hearing.

This does not apply where you claimed a domestic abuse exemption or filed a Form C1A (allegations of harm). In every other case, your willingness to consider mediation, arbitration or a private FDR can affect whether the court adjourns proceedings to allow time for it, and can affect any costs order under Part 28 of the Family Procedure Rules.

Evidence You Need for Each Exemption

Not every exemption needs supporting evidence, but for those that do, the evidence must be attached to the application (it does not need to be served on the other party). Here is a quick reference:

• Domestic abuse: one of the 21 forms of evidence listed in paragraph 20 of Practice Direction 3A, for example a police record, protective injunction, letter from a GP, or letter from a domestic abuse charity.
• Bankruptcy: a copy of the bankruptcy application, creditor petition or bankruptcy order.
• Previous non-court dispute resolution: written confirmation from the mediator, arbitrator or other provider, dated within the last four months.
• No mediator within 15 miles or within 15 business days: names, addresses, contact details and dates of contact with each mediator, plus an explanation of why you cannot attend online.
• Disability: details of the mediators contacted and the adjustments you asked for.
• Child protection: reference to the plan, care order or supervision order.

The other exemptions (urgency, consent order, enforcement, ongoing care proceedings, without-notice applications, prison and non-residency) rely on a clear statement in your application form rather than attached documents, but the court can still inquire into them.

How to Claim a MIAM Exemption on Form C100 or Form A

Both court forms have a dedicated section for MIAM attendance and exemptions. To claim an exemption you need to:

• Tick the correct exemption box, matching the wording in FPR Rule 3.8.
• Attach any required evidence, with dates and names clearly visible.
• Explain your circumstances briefly so the gatekeeping judge can understand the context.
• Sign the form honestly, as exemption claims are made under a statement of truth.

If you would rather have a legally qualified team complete the form and attach the right evidence for you, Family Law Service offers fixed-fee Form C100 completion support from £240.

Funding a MIAM If You Are Not Exempt

If you do not qualify for an exemption, the cost of the MIAM depends on whether you are eligible for legal aid. Under paragraph 29 of Practice Direction 3A, if at least one party is eligible for legal aid, the Legal Aid Agency can cover the full cost of the MIAM for both parties. You can check your eligibility using our legal aid eligibility checker.

Where neither party is eligible for legal aid, the mediator will agree the fee with you before the meeting. There is also a government voucher scheme that pays up to £500 towards parenting mediation once you move past the MIAM stage.

Common Mistakes That Cost Applicants Time

• Claiming urgency when it is not genuine: the courts apply a high bar, and most disputes do not meet it.
• Relying on an old MIAM certificate: certificates expire at four months.
• Forgetting to attach domestic abuse evidence: even if it exists, without it the court cannot uphold the exemption.
• Claiming the “no mediator available” exemption without exploring online options: online MIAMs are widely accepted and this exemption is now rarely granted.
• Ticking multiple exemptions without clear reasoning: one valid exemption is enough, and a scattergun approach can suggest the claim is weak.

Can You Choose to Attend a MIAM Even If You Are Exempt?

Yes, and many people do. Attending a MIAM does not commit you to mediation. The mediator will explain the process, assess suitability, discuss any safety concerns, and can issue your certificate whether or not you proceed. Even when an exemption clearly applies, a MIAM can surface quick wins, for example agreeing contact over a single disputed weekend, that save months of court time.

Frequently Asked Questions