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GLOSSARY

Form FM1 definition

Published by a LexisNexis Family expert

What does Form FM1 mean?

Form FM1 is a court form in family proceedings dealing with the requirement for the applicant in family proceedings to attend a mediation information and assessment meeting (MIAM) prior to the issue of proceedings.

The applicant must confirm whether they have attended a MIAM, and if not the reason why. Various exemptions to the requirement to attend a MIAM are detailed in the Family Procedure Rules 2010, SI 2010/2955, Pt 3 and PD 3A. With effect from 22 April 2014 a MIAM section has been included in Forms A, C1 and C100 replacing the requirement to file a separate Form FM1 in family proceedings issued by those forms. Form FM1 is therefore, with effect from 22 April 2014, only required as a separate form in relation to applications relating to: parental responsibility; appointment of a guardian (or special guardian) for a child; permission to change a child's name; and permission to remove a child from the UK.

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Procedural guide—applications for a financial remedy: application to first appointment (standard procedure)

Procedural guide—applications for a financial remedy: application to first appointment (standard procedure) This Procedural Guide sets out steps for the standard procedure under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, Ch 4 (SI 2010/2955, 9.12–9.17). For practical guidance on proceedings to which the fast-track procedure under FPR 2010, SI 2010/2955, Pt 9, Ch 5 (SI 2010/2955, 9.18–9.21A) applies, see Practice Note: Fast-track (shortened) financial remedy procedure. A ‘Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level’ (the below High Court judge level efficiency statement) was issued in January 2022 by the Financial Remedies Court national lead judge, Mostyn J, and the deputy national lead judge, HHJ Hess, together with a Primary Principles document (replacing the previous Good Practice Guide) and templates for a composite case summary (ES1) and schedule of assets and income (ES2). See Practice Notes: The Financial Remedies Court, Financial Remedies Court (FRC) toolkit, Financial remedy proceedings allocated below High Court judge level, Standard...

Procedural guide—leave to remove a child permanently from the jurisdiction

Procedural guide—leave to remove a child permanently from the jurisdiction Removing a child from the jurisdiction without the required consent(s) may result in an offence being committed under the Child Abduction Act 1984 (CAA 1984). See Practice Note: Child abduction—criminal action and electronic tagging. Where there is no pre-existing child arrangements order (CAO) in force that regulates living arrangements for the child, before removing the child from the jurisdiction the consent should be sought of the following: • each person with parental responsibility, and • the father (whether or not he has parental responsibility for the child) Failure to do so will run the risk of falling foul of CAA 1984 and/or the Hague Convention on Civil Aspects of International Child Abduction. Where there is a CAO in force that regulates the child's living arrangements, section 13 of the Children Act 1989 (ChA 1989) provides that no person may remove the child from the UK without either the written consent of every person who has parental responsibility for them or...

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Non-court dispute resolution—mediation information and assessment meetings (MIAMs)

This Practice Note covers the pre-application requirements set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 and reflects the significant changes in effect in family proceedings from 29 April 2024 in relation to mediation information and assessment meetings (MIAMs) regarding, inter alia, the information that must be provided to the court on the issue of proceedings, gatekeeping, the court’s powers to adjourn for the parties to consider non-court dispute resolution, the format and content of a MIAM, exemption from attending a MIAM and costs, see: Changes from 29 April 2024.The pre-application requirement for attendance at a MIAM is set out in FPR 2010, SI 2010/2955, Pt 3, supplemented by FPR 2010, PD 3A, which provide that before making an application in relevant family proceedings a person must attend a MIAM unless an exemption applies. The requirements initially came into force on 22 April 2014 and have been subsequently amended. The court has a duty to consider whether non-court dispute resolution is appropriate at every stage of the...

Procedure—parental responsibility applications

Procedure—parental responsibility applications This Practice Note sets out the procedural requirements in relation to an application under the Children Act 1989 (ChA 1989) for parental responsibility for a child. It explains the requirement to attend a family mediation information and assessment meeting unless one of the exemptions apply and the requirements of the pre-application protocol. It also explains who the respondents will be and the procedure regarding service as well as the factors that the court will take into account in considering an application. Pre-application Protocol: private law proceedings relating to children The Pre-application Protocol: private law proceedings relating to children (the protocol), which is annexed to FPR 2010, PD 12B, came into force on 31 May 2024, The protocol outlines the steps that parties should take before starting any court proceedings for private law children orders, including trying to resolve their dispute by non-court dispute resolution (NCDR), where it is safe and appropriate. It also outlines sources of support and information available to parties. The court will expect all...

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Letter to client (applicant) explaining MIAM requirements

Letter to client (applicant) explaining MIAM requirements Dear [client name] Mediation Information and Assessment Meeting (MIAM) Court rules require that before making an application to issue certain kinds of family proceedings the applicant must attend a mediation information and assessment meeting (known as a MIAM) to consider with a mediator whether the dispute may be capable of being resolved by a method other than the court process. The mediator will explain the potential benefits of different methods of non-court dispute resolution. Mediation is a confidential process and none of the parties to mediation may provide information to the court as to the content of any discussions held in mediation and/or the reasons why an agreement was not reached. The court requires all applicants in the majority of family proceedings to have complied with this requirement before commencing proceedings, save in certain circumstances (see Potential MIAM exemptions below). The requirement to attend a MIAM does not apply to all family proceedings, but it does apply in relation to...

Dive into our 1 Precedents related to Form FM1

Is it possible to vary a special guardianship order?

Is it possible to vary a special guardianship order? Section 14E of the Children Act 1989 (ChA 1989) provides that ChA 1989, s 11(7) (apart from paragraph (c))—the power to impose conditions to an order—applies in relation to special guardianship orders (SGO), and orders varying them, as it applies in relation to ChA 1989, s 8 orders. Pursuant to ChA 1989, s 14D the court can vary or discharge a special guardianship order on the application of: • the special guardian (or any of them, if there are more than one) • any parent or guardian of the child concerned • any individual who is named in a child arrangements order as a person with whom the child is to live • anyone who does not come into the above categories who has, or had immediately before the making of the special guardianship order, parental responsibility for the child • the child, or • a local authority designated in a care order with respect to the child...

Where there is a child arrangements order in place, should an application seeking to suspend that order be made on Form C100 or C2?

Where there is a child arrangements order in place, should an application seeking to suspend that order be made on Form C100 or C2? Within proceedings under the Children Act 1989 (ChA 1989), the Form C2 is the appropriate form to use when making an application for permission to start proceedings, to request an order or direction in existing proceedings, or to ask to join or leave proceedings. The Form C100 is the appropriate form to use to commence an application for a child arrangements order, prohibited steps order or specific issue order. It is also to be used to apply to vary or discharge an order under ChA 1989, s 8, or to ask for permission to make a section 8 order. In the scenario of this Q&A, if there are live proceedings still ongoing under the ChA 1989, then the applicant may use the Form C2 to vary the order in place. If the order that the applicant seeks to vary is a final one, with the

See the 2 Q&As about Form FM1