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| A Mediation
Information and Assessment Meeting (MIAM) is part of the
legal process in England and Wales, specifically related
to family law matters. In April 2014, the UK government
introduced a requirement for those seeking to take
certain family law disputes to court to attend a MIAM
first. The purpose of the MIAM is to provide information
about alternative dispute resolution methods, such as
mediation, as a means to resolve issues outside of the
court system. |
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| During the MIAM,
a qualified mediator speaks with each party in the
dispute (usually a separating or divorcing couple) to
explain the mediation process and explore whether
mediation might be a suitable option for resolving their
issues. The mediator will assess whether mediation is
appropriate and safe in the circumstances. |
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| The MIAM was
introduced to encourage parties to consider mediation
before going to court, as mediation can often be a less
adversarial and more cost-effective way to resolve
disputes, especially in family-related matter |
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| If any party is
exempt from the MIAM or if mediation is not successful,
then either party can progress to making an application
to the court |
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| Resources: |
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| Find
a McKenzie Friend to help you plan and prepare for your
mediation |
| Practice
Directions 3A Family Mediation and the MIAM |
| The
Family Mediation Voucher Scheme |
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| STEP
2: The C100 APPLICATION |
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| The C100 application
is a specific form used in family law matters in the
United Kingdom. It is officially known as "Form
C100: Application under the Children Act 1989 for a child
arrangements, prohibited steps, specific issue order or
to vary or discharge or ask permission to make a section
8 order." |
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| The C100 form is
typically used by parents or guardians who wish to apply
to the court for certain orders regarding child
arrangements, such as custody and visitation rights, or
to address specific issues related to the child's
upbringing. The form can be used in various situations,
such as divorce or separation, where parents need the
court's intervention to resolve disputes about their
children's welfare. |
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| Resources: |
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| C100 Online
Application |
| Practice Directions: Application to
the Court |
| Form
C7 |
| Form
C8 |
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| STEP
3: Allocation and Gatekeeping |
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| On receipt of the
application, the court will conduct 'gatekeeping' to
determine that nature of the application, whether it is
urgent and should be held with or without notice, and to
allocate the case to either a District Judge or to
Magistrates. |
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| Unless the
application is accepted as 'without notice' the other
party will receive a copy of the application, will be
required to complete the C7 acknowledgement
form and to complete
the C1a 'Making or
Responding to allegations of Harm and Domestic Violence'. A
directions letter willthen be sent to the parties with a
date of the First Hearing Dispute Resolution Appointment,
and a notice that Cafcass will be in contact to conduct
their Safeguarding Call.
Resources:
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| Practice Directions: Allocation and
Gatekeeping |
| Practice Directions: Urgent and
Without Notice Hearings |
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| STEP
4: The Safeguarding Phone Call + Letter |
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| In most cases, both
parties will receive a phone call from a Cafcass Family
Court Advisor. The purpose of the call is to ty to find
out if there are any concerns about the safety and
welfare of your children. At
least three days before the first court hearing Cafcass
will provide the court with a short report on the
outcomes of the safeguarding checks and any child welfare
issues raised by each of the parties. This is known as a
safeguarding letter.
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| Resources: |
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| Practice Directions: Safeguarding |
| The Cafcass
Interview Plan |
| Recording Cafcass Interviews |
| Example of
Safeguarding Letter |
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| STEP
5: The First Hearing Dispute Resolution
Appointment |
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| Prior to the First
Hearing Dispute Resolution Appointment, it is the
convention for both parties to file and serve Position
Statements. A Position
Statement is a written statement that outlines the
person's position, views, and preferences regarding
specific issues related to the family matter being
addressed in court. The purpose of a Family Court
Position Statement is to provide the court with a clear
understanding of the person's stance on the disputed
matters. Position statement should be no more than 3
sides of A4 paper and should be restricted to a persons
position and not contain arguments around litigation or
evidence (see source FHDRA and Evidence).
The purpose of the FHDRA is for
the court to:
- obtain initial information
about the case;
- consider welfare and harm
issues;
- determine whether a
Fact-Finding on allegation of domestic abuse is
needed by applying Practice Directions 12;
- consider whether any interim
orders can be made by consent;
- to determien whether Cafcass
needs to prepare a Section 7 report.
Resources:
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| Practice Directions: The First Hearing
Dispute Resolution Appointment |
| The Role of Cafcass at the FHDRA |
| Example of a
Position Statement |
| Practice Directions 12J: Domestic
Violence and Harm |
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| STEP
6: Fact Finding or Section 7 Report |
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OR |
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| FACT
FINDINGS |
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Section
7 Report |
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| A
Fact-Finding Hearing in Family Court is a legal
proceeding conducted to determine the truth of
disputed facts in a family law case. |
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A
Section 7 Interview and Section 7 Report refers
to Section 7 of the Children Act 1989 and gives
the Court the power to request that a Court
Officer (Cafcass, a Welsh Family Proceedings
Officer, or a Local Authority Social Services) to
report to the court on matters relating to the
welfare of the child or children. |
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CLICK
HERE FOR SECTION 7 REPORT INFO |
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| STEP
7: The Dispute Resolution Appointment |
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| The Dispute
Resolution Appointment usually follows the Section 7
Report. The purpose of the Dispute Resolution Appointment
is to consider the recommendations by the Section 7
Report and to determine the position of each party in
relation to the recommendations. It is convention that both parties will
submit and serve a Position Statement prior to the DRA
outlining their position in response to the Cafcass
Report.
At the DRA, the Cafcass Family
Court Advisor will speak to both parties separately. The
aim is to establish whether there is either agreement
with the recommendations, whether there are part
agreements (narrowing down the issues), or whether the
parties are still at disagreement with little resolution.
At the Dispute Resolution
Appoiuntment the Cafcass Officer will usually then update
the court as to any progress.
If there is agreement, the court
may make a Final Order based on the consent of both
parties.
Where there is no agreement, the
court will set a date for a Final Hearing.
The court will determine whether
the Cafcass Family Court Advisor will be required to
attend the Final Hearing to give evidence ont heir
Section 7 Report and to be cross examined.
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| Resources: |
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| Practice Directions: The DRA |
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| STEP
8: The Final Hearing |
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| Prior to the Final
Hearing, both parties will file and serve a Final
Statement of their positions and providing any evidence
that they rely on. With the permission of the court, the
parties may also rely on witnesses. At the Final Hearing both parties can be
cross examined and both parties can cross examine Cafcass
and any other witnesses.
Where there are allegations of
domestic abuse, both parties may qualify for a Qualified
Legal Representative (QLR) to conduct cross examinations.
After the cross examinations,
both parties will be able to provide final submissions to
the court. The court will then make a Final Judgement.
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| Resources: |
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| Qualified Legal Representatives |
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| The contact
arrangements set out in a Child Arrangements Order remain
legally binding until the child reaches the age of 16
unless the order specifically states otherwise. This is
in accordance with section 91(10) of the Children Act 1989. After this point it will be up to the
child to decide how much contact they would like to have
with the parent they do not live with. The ‘live with’ element of a
Child Arrangements Order remains legally binding until
the child reaches the age of 18, however the Court are
very reluctant to enforce such orders beyond the age of
16 unless there are exceptional circumstances.
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| Resources: |
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| The Slip Rule: The court may correct an accidental
slip or omission in a judgment or order |
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- The court can only make
orders based on the factors of the Child Welfare Checklist
- All decisions are made on
balance of probability
- The Welfare of the child is
paramount.
- Parental Responsibility does
not provide the right for a parent to have a
relationship with their child, it is the right of
the child to have a relationship with their
parents, if safe to do so.
- It is an irrebutable truth
that you don't ned paid lawyers in the family
court.
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| QUESTIONS |
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| Can a parent be forced
to have contact? |
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Generally
not as it would appear not to be in the best
interests of a child to force contact with a
parent who does not wish to engage. |
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| Can a parent apply for a
'no contact order' on the other parent? |
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Sir
James Mumby in QvQ (Contact 2016 EWFC 5. Court
can make an order for no contact but this is
should be rare and exceptional: 'Plainly the order the mother
seeks is most unusual; indeed, it lies at the
very extremities of the court’s powers.
Almost always there should be some contact
between child and parent. It will only be in a
rare and exceptional case that the court will
agree that there should be none.'
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| What is a 91(14) Barring
Order? |
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A Section
91(14) Order is known as a 'barring order' and
relates to Section 91(14) of the Children Act
1989. This type of Order allows the court to
prevent individuals, usually parents, from making
an application to the court without the court's
permission READ MORE |
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| The resident parent is
resisting contact, will the court act on this? |
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Many
non-resident parents major on the lack of
promotion of contact by the resident parent with
calls of 'parental alienation, and use this as
the foundation for pursuing contact. The realist
is however frequently different to that parent's
expectation. READ MORE |
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| SEE ALL QUESTIONS |
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