Procedure—parental responsibility applications
Procedure—parental responsibility applications

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Procedure—parental responsibility applications
  • Non-court dispute resolution—mediation information and assessment meetings (MIAMs)
  • Overriding objective
  • In which court should proceedings be commenced?
  • The applicants
  • The respondents
  • The application
  • Service
  • Application to join or cease to be party to proceedings
  • Acknowledgment of application
  • more

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

CFA 2014, s 10 provides that from 22 April 2014 attendance at a family mediation information and assessment meeting (MIAM) is compulsory before issuing an application in relevant family proceedings unless a MIAM exemption or mediator's exemption applies. An application for parental responsibility is a relevant application. The court may not issue, or otherwise deal with, an application if, in contravention, the applicant has not attended a MIAM.

The transitional provisions provide that where a relevant application is received but not issued by the court prior to 22 April 2014, that application shall be issued on or after the commencement date as if CFA 2014, s 10 had not come into force on that date.

The pre-application requirement for MIAMs is set out in FPR 2010, SI 2010/2955, Pt 3, supplemented by FPR 2010, PD 3A. The requirement applies where a person is considering applying for an order in family proceedings of a type specified in the Practice Direction (at para 12 in relation to children proceedings). See Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs).

The requirement to attend a MIAM does not apply when the proceedings are for:

  1. a consent order

  2. an order relating to a child or children in respect of whom there are ongoing emergency proceedings, care proceedings