MIAM exemptions: when you can go straight to court

Why do MIAM exemptions exist?

The MIAM rule makes sure families hear about mediation and other ways of resolving disputes before a judge gets involved. But for some families, a meeting about mediation would be unsafe, or would cause harmful delay. The exemptions protect those families, so they can go straight to the court for help.

What are the MIAM exemptions?

The exemptions fall into five groups. They are set out in full in Practice Direction 3A and listed on the court form.

1. Domestic abuse

If there is evidence of domestic abuse by the other person, including coercive or controlling behaviour and financial abuse, you do not need to attend a MIAM. This is the most commonly used exemption. You must have one of the recognised types of evidence, such as:

• a police caution, charge or conviction for a domestic abuse offence
• a protective injunction, non-molestation order or domestic abuse protection notice or order
• a letter from a domestic abuse support service, refuge or independent domestic violence adviser (IDVA)
• a letter from a doctor, nurse, health professional, social worker or local authority confirming the abuse or injuries
• evidence the case was referred to a multi-agency risk assessment conference (MARAC)

If you are in immediate danger, call 999. Our safeguarding page explains how we keep people safe and where to find support.

2. Child protection concerns

You are exempt if a local authority is making child protection enquiries about any child involved, or a child is the subject of a child protection plan.

3. Urgency

You can go straight to court if the application is genuinely urgent, for example because:

• there is a risk to the life, liberty or physical safety of you, your family or your home
• a child would be at risk of significant harm while you waited
• a child has been, or is about to be, taken out of the UK without permission
• waiting would cause significant financial hardship, or a serious risk that justice is not done
• there is a significant risk that proceedings will be started in another country first

If your case is time-sensitive but not an emergency, an urgent MIAM within 24 hours is often quicker and safer than claiming urgency.

4. A recent MIAM or other dispute resolution

You do not need another MIAM if, in the four months before your application, you attended a MIAM or another form of non-court dispute resolution, such as mediation, arbitration or collaborative law, about the same or a very similar dispute. Your MIAM certificate is the evidence, and it lasts four months.

5. Other situations

• You, or everyone you would apply against, are not habitually resident in England and Wales. See international and expat families.
• One of the people involved in the case is a child.
• For a financial application, you have been made bankrupt.
• You cannot attend a MIAM online or in person, for example because of a disability, and no suitable mediator can accommodate you.
• You are applying without giving the other person notice, which the court allows only in limited cases.

What is not a MIAM exemption?

These are the reasons people most often give for skipping a MIAM. None of them is an exemption:

How do you claim a MIAM exemption?

1. Check which exemption applies. Read the list on the C100 (children) or Form A (finances).
2. Gather your evidence. Most exemptions need proof, and some must be attached to your application.
3. Tick the exemption on the form and explain briefly why it applies.
4. The court reviews it. If it is not accepted, you may be directed to attend a MIAM before the case continues.

Not sure if you are exempt?

If you are unsure, it is usually quicker to attend a MIAM than to risk an exemption being rejected. A MIAM with Ark is £130 by video, or £160 within 24 hours, and attending one never commits you to mediation. If safety is a concern, your mediator will speak to you privately first and explain your options. You can also check if you need a MIAM in about a minute.