THE CHILDREN AND FAMILIES ACT 2014: HOT OFF THE PRESS…
The new Single Family Court and the Children and Families Act 2014 has now come into force. One hot topic which everyone is talking about is the introduction of compulsory mediation information and assessment meetings (MIAMs).
Under the new rules, you don’t have to ‘mediate’ but you do have to attend a MIAM to decide whether or not this is the best and most appropriate route for you to take if you are having a dispute with regard to children. After attending this meeting, if mediation is not for you, you may proceed down the Court route.
The MIAM therefore is compulsory, mediation is not.
If your dispute does end up in the Court arena you will be required to evidence the fact that you have attended a MIAM. Despite MIAMs being compulsory for the majority of people there are a few exceptions to this rule.
The following are some of the exceptions:-
- If there has been, or is a risk of, domestic violence.
- The whereabouts of one party is unknown.
- The application is made without notice to the other party.
- There is a significant risk to the life, liberty or physical safety of one party.
- Having spoken to three mediators in a 15 mile radius, none is able to provide a MIAM within 15 days
If you do not fall under any of the exemptions then you will need to attend a MIAM. At this meeting the Mediator will then assist with determining whether or not Mediation is appropriate.
If you are currently involved in a dispute with your ex in regard to the children then please contact Vines Legal today on 01246 555 610 to speak with one of our qualified and experienced professionals.
By Claire Clark on 23 Apr 2014, 12:18 PM