To apply for a CAO, you must first consider attending

Mediation Information and Assessment Meeting (MIAM) – Before applying to court, you usually need to attempt mediation unless an exemption applies.

Do I have to attend a MIAM?

Under section 10(1) of the Children and Families Act 2014, it is a requirement to attend MIAM prior to making an application for a court order (in most cases). You therefore have to attend a MIAM session if you intend to obtain a court order.

Even if you are not the person making an application to court (i.e., it is your ex or a third party making the application) you will still be expected to have found out about your options regarding family mediation and other forms of non-court dispute resolution by attending a MIAM.

There are some exemptions from attending a MIAM that include:

Domestic abuse, coercive control
Child protection concerns
Urgency
Previous MIAM attendance
MIAM exemption

PRACTICE DIRECTION 3A – FAMILY MEDIATION INFORMATION AND ASSESSMENT MEETINGS (MIAMS)

Where a prospective applicant claims an exemption, the court will issue proceedings but will also make inquiries as to the validity of the claimed exemption.

MIAM exemption – Domestic abuse

The forms of evidence referred to in Rule 3.8(1)(a) are–

(a) evidence that a prospective party has been arrested for a relevant domestic abuse offence;

(b) evidence of a relevant police caution for a domestic abuse offence;

(d) evidence of a relevant conviction for a domestic abuse offence;

(e) a court order binding a prospective party over in connection with a domestic abuse offence;

(f) a domestic abuse protection notice issued under section 24 of the Crime and Security Act 2010 against a prospective party;

(g) a relevant protective injunction;

(h) an undertaking given in England and Wales under section 46 or 63E of the Family Law Act 1996 (or given in Scotland or Northern Ireland in place of a protective injunction) by a prospective party, provided that a cross-undertaking relating to domestic violence or domestic abuse was not given by another prospective party;

(i) a copy of a finding of fact, made in proceedings in the United Kingdom, that there has been domestic abuse by a prospective party;

(j) an expert report produced as evidence in proceedings in the United Kingdom for the benefit of a court or tribunal confirming that a person with whom a prospective party is or personally connected, was assessed as being, or at risk of being, a victim of domestic abuse by that prospective party;

(k) a letter or report from an appropriate health professional confirming that-

(i) that professional, or another appropriate health professional, has examined a prospective party in person, by telephone or by video conferencing; and

(ii) in the reasonable professional judgment of the author or the examining appropriate health professional, that prospective party has, or has had, injuries or a condition consistent with being a victim of domestic abuse;

(l) a letter or report from-

(i) the appropriate health professional who made the referral described below;

(ii) an appropriate health professional who has access to the medical records of the prospective party referred to below; or

(iii) the person to whom the referral described below was made;
confirming that there was a referral by an appropriate health professional of a prospective party to a person who provides specialist support or assistance for victims of, or those at risk of, domestic abuse;

(m) a letter from any person who is a member of a multi-agency risk assessment conference (or other suitable local safeguarding forum) confirming that a prospective party, or a person with whom that prospective party is personally connected, is or has been at risk of harm from domestic abuse by another prospective party;

(n) a letter from an independent domestic abuse advisor confirming that they are providing, or have provided, support to a prospective party;

(o) a letter from an independent sexual violence advisor confirming that they are providing, or have provided, support to a prospective party relating to sexual violence by another prospective party;

(p) a letter from an officer employed by a local authority or housing association (or their equivalent in Scotland or Northern Ireland) for the purpose of supporting tenants containing-

(i) a statement to the effect that, in their reasonable professional judgment, a person with whom a prospective party is or has been personally connected is, or is at risk of being, a victim of domestic abuse by that prospective party;

(ii) a description of the specific matters relied upon to support that judgment; and

(iii) a description of the support they provided to the victim of domestic abuse or the person at risk of domestic abuse by that prospective party;

(q) a letter which-

(i) is from an organisation providing domestic abuse support services, or a registered charity, which letter confirms that it-

(aa) is situated in the United Kingdom,

(bb) has been operating for an uninterrupted period of six months or more; and

(cc) provided a prospective party with support in relation to that person’s needs as a victim, or a person at risk, of domestic abuse; and

(ii) contains-

(aa) a statement to the effect that, in the reasonable professional judgment of the author of the letter, the prospective party is, or is at risk of being, a victim of domestic abuse;

(bb) a description of the specific matters relied upon to support that judgment;

(cc) a description of the support provided to the prospective party; and

(dd) a statement of the reasons why the prospective party needed that support;

(r) a letter or report from an organisation providing domestic abuse support services in the United Kingdom confirming-

(i) that a person with whom a prospective party is or was personally connected was refused admission to a refuge;

(ii) the date on which they were refused admission to the refuge; and

(iii) they sought admission to the refuge because of allegations of domestic abuse by the prospective party referred to in paragraph (i);

(s) a letter from a public authority confirming that a person with whom a prospective party is or was personally connected, was assessed as being, or at risk of being, a victim of domestic abuse by that prospective party (or a copy of that assessment);

(t) a letter from the Secretary of State for the Home Department confirming that a prospective party has been granted leave to remain in the United Kingdom as a victim of domestic abuse under paragraph 289B of the Rules made by the Home Secretary under section 3(2) of the Immigration Act 1971, which can be found at https://www.gov.uk/guidance/immigration-rules/immigration-rules-index;

(u) evidence which demonstrates that a prospective party has been, or is at risk of being, the victim of domestic abuse by another prospective party in the form of abuse which relates to financial matters.

Applying for a child arrangement order – Form C100

The C100 Application under section 8 of the Children Act 1989 can be used for a child arrangements, prohibited steps ,specific issue order or to vary or discharge or ask permission to make a section 8 order. The C100 application is used to initiate court proceedings.

We are experienced in supporting women who have experienced domestic abuse and coercive control to make applications for child arrangements for their children. If you require empathic, knowledgeable, and a woman/child centered approach please get in contact with us.

Every woman deserves to access justice. Some of the barriers that individuals encounter can include financial hardship, cultural differences, vulnerability such as mental health issues, disability and ill health, fear, lack of confidence and uncertainty in dealing with outcomes. With practical and emotional guidance you can overcome these initial barriers to access the route to justice and represent yourself in family court proceedings effectively.

Please send us an initial email of enquiry to info@womensmckenziefriend.com and we can then organise a free half hour call.