Form FM1: Family mediation information and assessment meeting form

If you are applying using a C1 or C2 then you will need to fill out and submit this from as evidence that you have attended a MIAM or to show that your are exempt from attending.

This form is only to be used when making an application to the court on form C1 or C2. Before completing this form please also read the leaflet ‘CB1 – Making an application – Children and the Family Courts’ and the leaflet CB7 - Guide for separated parents: children and the family courts

General information for completing this form

You need to complete this form and send it to the court with a completed application form C1 or C2if you want to ask the court to make an (or change an existing) order about a child(ren) and your application is for:

• A parental responsibility order (sections 4(1)(c),4ZA(1)(c) or 4A(1)(b) of the Children Act 1989)
  or an order terminating parental responsibility (sections 4(2A), 4ZA(5) or 4A(3) of that Act).
• An order appointing a child’s guardian (section 5(1) of the Children Act 1989) or an order terminating the appointment (section 6(7) of that Act).
• An order giving permission to change a child’s surname or remove a child from the United Kingdom (sections 13(1) or 14C of the Children Act 1989).
• A special guardianship order or an order varying or discharging such an order (section 14D of the Children Act 1989).

Requirement to attend a Mediation, Information and Assessment Meeting

• It is now a legal requirement that, unless an exemption applies, a person who wishes to apply to court for one or more of the orders listed at paragraph 1 of these notes must first attend a Mediation, Information and Assessment Meeting (a MIAM). At the stage before proceedings the other
  party (the respondent) is expected to attend either the same MIAM or a separate MIAM.
• At the MIAM, a trained family mediator will give you (the applicant) and the other person if present (the respondent) information about family mediation and other types of non-court dispute resolution. They will consider with you whether non-court dispute resolution would be an appropriate way to
  resolve the dispute. It is then for the applicant and respondent to decide whether or not to do so.
• The requirement for the applicant to attend a MIAM does not apply if a Children Act 1989 order is being applied for and: the other person is in agreement about what you are asking the court to order (the order is a “consent order”); or there is an ongoing case about the child(ren) who would be the subject of the new Children Act 1989 application and that case concerns an emergency protection order, a supervision order or a care order, or if one of those orders has previously been made.
• You must tick the relevant box in Section 1 of this form so that the court knows whether the MIAM requirement applies, whether an exemption applied(and why) or whether you have attended a MIAM.

MIAM exemptions and MIAM attendance

• As the applicant you are expected to have contacted an authorised family mediator in order to make arrangements to attend a MIAM unless the MIAM requirement does not apply for one of the reasons explained at paragraph 4 of these notes, you are claiming a MIAM exemption, or a family mediator certifies that a mediator’s exemption applies.
• You should give the mediator the contact details of the other person so that the family mediator can contact them to check their willingness to attend a MIAM. If the other persons (or none of the other persons if there is more than one respondent) is or
  are unwilling to attend a MIAM, this is a ground for the family mediator to exempt you from attending a MIAM.
• If you or your solicitor believe that you have grounds for claiming exemption from MIAM attendance you or your solicitor must tick the relevant box in Section 1 of this form and complete Section 2.
• If a family mediator wishes to certify that a mediator’s exemption applies, so that you do not need to attend a MIAM, you must ask the family mediator to complete Section 4a of this form and sign it where shown.
• If you have attended a MIAM you must ask the family mediator who conducted the MIAM to complete Section 4b of this form and sign it where shown.
• If you claim a MIAM exemption and make an application to the court, the court will inquire into the grounds for exemption. The court may ask you to produce written evidence (see Section 2 of this form for details against each exemption shown).
• If the court determines that the exemption was not validly claimed it may direct you, or you and the other party, to attend a MIAM and, if the case has already progressed to the first hearing, may adjourn the case to enable you to make arrangements to attend a MIAM.

Paying for MIAM attendance or for family mediation

• Legal aid is available for MIAMs and for family mediation. If you are eligible for legal aid you could receive both the MIAM and mediation sessions free of charge, as well as some advice from a solicitor to support you in the mediation process.
• If you, or the prospective respondent, is eligible for Legal Aid then the total cost of MIAM attendance can be met by the Legal Aid Agency, whether you and the prospective respondent attend the same MIAM or separate MIAMs.
• If neither you nor the respective respondent is eligible for Legal Aid then the mediator will agree with you how the cost of MIAM attendance is to be met.
• See paragraph 28 below on how to find out whether you are eligible for Legal Aid.

Safety and MIAM attendance

• Please note: the family mediator will discuss with you and with the other person whether you wish to attend the MIAM separately or together. Family mediators have a responsibility to ensure the safety and security of all concerned and will always check with each of you that attending together is your
  individual choice and is safe.

Information about mediation

• If suitable, mediation can be a better way of resolving issues about arrangements for children when you and your partner separate or divorce. Mediation can be less expensive than going to court and much less stressful for all the family. It can also help you as parents to focus on your child(ren)’s needs in making
  decisions about them.
• Family Mediation is an impartial process that involves an independent third person who assists both parties involved in a family dispute to reach a resolution. Family mediation can be used to settle any or all of the following issues: Arrangements for children, Financial arrangements and dividing up property, Any combination of these, Any other disputes to do with separation and divorce.
• Family Mediation is not just for divorcing or separating couples – it is a means for resolving a range of family disputes, whether they arise from divorce or the separation of cohabiting parents.
  Family Mediation could also help resolve issues with wider family members such as grandparents.
• The family mediator helps the process of negotiation between the parties to agree their own arrangements by way of a Memorandum of Understanding. You can ask a solicitor, if you have one, to check the Memorandum of Understanding.
• If both parties agree, you can ask the court to endorse what you have agreed by issuing a consent order. The mediator will help you to decide whether your case is complicated and does in fact need the court to consider your situation and make an order. The mediator should also tell you about other local
  services and options for resolving your dispute.
• A statutory Mediation Information and Assessment Meeting (MIAM) is reserved for “authorised mediators” under the Family Procedure Rules. “Authorised family mediator” means a person identified by the Family Mediation Council as qualified to conduct a MIAM. “Qualified to conduct
  a MIAM” is interpreted as holding current Family Mediation Council accreditation (FMCA). FMCA mediators are issued with a unique FMC registration number. Authorised mediators are requested to enter this number in the box provided.