MIAM Exemptions for a Child Arrangements Order: When You Can Skip Mediation

The MIAM Requirement

Before you can file a C100 application for a child arrangements order in England or Wales, the Children and Families Act 2014 requires you to attend a Mediation Information and Assessment Meeting (MIAM). It is a short individual session with an accredited family mediator who assesses whether mediation could resolve the dispute.

If you cannot claim an exemption, you must book a MIAM with a mediator registered with the Family Mediation Council (FMC). They sign the MIAM section of your C100 once you have attended. Without that signature or a valid exemption, the HMCTS gatekeeping team will reject your application.

But the law recognises that mediation is not appropriate in every situation. A set of statutory exemptions allows you to self-certify on the C100 and proceed directly to court.

Domestic Abuse Exemption

This is the most commonly used exemption. You qualify if you have formal documentary evidence of domestic abuse involving any party in the proceedings. Acceptable evidence includes:

• A police caution or conviction record relating to domestic abuse
• A protective injunction (non-molestation order, occupation order, or restraining order)
• A letter from a domestic abuse support service confirming that you or the child have been referred or supported
• Medical evidence (from a GP, A&E, or mental health professional) of injuries or psychological harm consistent with abuse
• A MARAC (Multi-Agency Risk Assessment Conference) referral
• A finding of fact in previous family court proceedings that abuse occurred

The evidence must be dated within specified timeframes set out in the Family Procedure Rules. Check the current rules or ask a mediator if you are unsure whether your evidence qualifies.

Child Protection Exemption

You qualify if the child is currently the subject of a local authority child protection plan, or if children's services are carrying out active Section 47 enquiries (a child protection investigation). You will need documentary evidence from the local authority — a letter confirming the plan or the Section 47 investigation.

Urgency Exemption

This applies when there is immediate risk to the child's life, physical safety, or living stability, or a credible threat that the child will be unlawfully removed from the country. The urgency must be real and demonstrable — the court may ask for evidence if the exemption is challenged.

Previous MIAM Attendance

If you attended a MIAM about the same dispute within the past four months, you do not need to attend another one. Provide the date and details of the previous MIAM on the C100.

Access Barriers

You qualify for an exemption if there is no accredited mediator within 15 miles of your home and remote mediation cannot be provided. In practice, the growth of video-call mediation has made this exemption harder to claim, but it still applies in some rural areas.

How to Claim an Exemption

You self-certify the exemption on Form C100. The form lists each exemption category and asks you to tick the one that applies. You must also explain what evidence supports your claim.

If you are filing a paper C100, attach copies of the supporting evidence (police reports, injunction orders, medical letters). If applying online, upload the documents through the HMCTS portal.

The court takes self-certification seriously. If you claim an exemption without valid evidence, the judge may pause your case and order you to attend a MIAM before proceedings continue. Providing false information on a court form is a serious matter.

When None of the Exemptions Apply

If no exemption covers your situation, attend the MIAM. It is a single session — typically costing between £90 and £150 — and it does not commit you to full mediation. Once the mediator signs the C100, you can proceed to court.

Legal Aid covers the MIAM for people who pass the means test. The Family Mediation Voucher Scheme had been extended through March 2026 and offered up to £500 per family toward joint mediation sessions after the MIAM. Check GOV.UK or ask a mediator whether it has since been extended; the voucher did not cover the MIAM itself.

Our Child Arrangements Order Process Guide includes a MIAM exemption checklist, an evidence organiser, and step-by-step instructions for the entire application process.

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