Q&As

Where there are ongoing proceedings under section 8 of the Children Act 1989 (ChA 1989), in relation to which a mediation information and assessment (MIAM) exemption was claimed on the basis of urgency, can a MIAM exemption be claimed on the same basis for subsequent ChA 1989, Sch 1 proceedings or will they be treated as separate proceedings?

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Published on LexisPSL on 10/04/2018

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where there are ongoing proceedings under section 8 of the Children Act 1989 (ChA 1989), in relation to which a mediation information and assessment (MIAM) exemption was claimed on the basis of urgency, can a MIAM exemption be claimed on the same basis for subsequent ChA 1989, Sch 1 proceedings or will they be treated as separate proceedings?

The pre-application requirement for attendance at a mediation information and assessment meeting (MIAM) is set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3 supplemented by FPR 2010, PD 3A. See Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs).

Proceedings to which the MIAM requirements apply are set out in FPR 2010, PD 3A, paras 12–13, see Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs)—Relevant family proceedings. The MIAM requirements apply to, inter alia, an application for an order for financial provision for children under Schedule 1 to the Children Act 1989 (ChA 1989) (per FPR 2010, PD 3A, para 13(1)(b)).

In certain specified circumstances, the MIAM requirement does not apply wher

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