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Book a MIAM →What Happens If You Claim a MIAM Exemption?
A MIAM exemption allows you to make a family court application without attending the usual information meeting. This guide explains how to claim one correctly, what evidence is required, and what happens if the claim is challenged.
Key Points
- A MIAM exemption allows you to apply to a family court without first attending a MIAM.
- You claim the exemption by ticking the relevant box on the family court application form.
- Some exemptions require supporting evidence — particularly the domestic abuse exemption.
- The court reviews the exemption claim and can challenge or reject it.
- A false exemption claim is a contempt of court — it can affect your entire case.
- Even if an exemption applies, the court can later direct parties to attempt mediation.
What Is a MIAM Exemption — and Who Decides?
A MIAM exemption is a legally recognised circumstance in which an applicant can submit a family court application without first attending a Mediation Information and Assessment Meeting.
The exemptions are set out in the Family Procedure Rules 2010 (Practice Direction 3A). They are not decided by the mediator — the applicant declares the exemption themselves on the court application form. The court then reviews the claim.
This page is specifically about what happens when you claim an exemption — the process, the evidence required, and the potential consequences. For a list of the exemption categories themselves, see: MIAM Exemptions To check whether you might qualify, see: Am I Exempt From a MIAM?
Important distinction: The mediator does not grant exemptions. You declare the exemption on the court form, and the court decides whether to accept it.
How Do You Claim a MIAM Exemption?
Claiming a MIAM exemption is done on the family court application form itself. The C100 form (used for child arrangements applications) and the A1 form (used for financial applications) both include a specific section asking whether the applicant has attended a MIAM or is claiming an exemption.
To claim an exemption, you:
Process for claiming:
- Step 1: Identify the exemption category that applies to your situation.
- Step 2: Tick the relevant box on the court form — each exemption has its own checkbox.
- Step 3: Sign the statement of truth confirming your declaration is accurate.
- Step 4: Attach any required supporting evidence to the form before submitting.
The form itself contains a list of exemption categories. You must tick the specific box that matches your circumstances — a general statement that mediation is not appropriate is not sufficient.
What Evidence Is Required?
Not all exemptions require supporting documents, but the domestic abuse exemption — the most widely used — does. Under Practice Direction 3A, acceptable forms of evidence for this exemption include:
Accepted evidence for domestic abuse exemption:
- A conviction, caution, or ongoing criminal proceedings for a domestic abuse offence against the applicant or a child.
- A protective injunction — such as a non-molestation order or an occupation order.
- A letter or report from a GP, nurse, midwife, health visitor, or hospital doctor confirming injury or condition consistent with abuse.
- A letter from a domestic violence or abuse support organisation confirming support to the applicant.
- A letter from a local authority confirming child protection concerns.
- A referral letter from a MARAC (Multi-Agency Risk Assessment Conference).
- A letter from a social worker employed by a local authority.
For the urgency exemption: The applicant must explain why the case is urgent — for example, that a delay to attend a MIAM would cause immediate risk of harm. A general statement that the case is urgent is not sufficient — the circumstances must be described.
For other exemption types — such as the 'no available mediator' exemption — the applicant may need to show evidence of having contacted at least one mediator and received confirmation of unavailability.
What Does the Court Do With the Exemption Claim?
Once the application is submitted with an exemption claim, the court reviews it. At a gatekeeping stage — often the first judicial consideration of the application — the judge or legal adviser will check that the exemption appears valid.
If the exemption looks genuine and is supported by adequate evidence where required, the case will proceed. If the judge is not satisfied with the exemption claim, they have several options:
Court's options if not satisfied:
- Adjourn the application and direct the applicant to attend a MIAM before proceedings continue.
- Require further evidence to substantiate the exemption.
- Proceed with the case but note concerns about the exemption claim in the file.
- In serious cases, refer the matter for further judicial scrutiny.
Courts are increasingly sophisticated at identifying exemption claims that are not well-founded, particularly as MIAM compliance has become more central to the family justice process.
What Are the Consequences of a False Exemption Claim?
Claiming a MIAM exemption you are not entitled to is a serious matter. The application form contains a statement of truth — by signing it, you confirm that the contents of the form are accurate. A false statement of truth is a contempt of court.
The practical consequences of a false exemption claim can include:
Consequences:
- Your application being adjourned or struck out.
- A costs order against you — for the other party's legal costs arising from the delay caused by the false claim.
- Damage to your credibility in proceedings — the court may take a less favourable view of your conduct throughout the case.
- In the most serious cases, committal proceedings for contempt of court.
Note: Beyond the legal risks, a false exemption claim is unlikely to achieve its intended purpose. Once identified, it creates more delay and cost than attending the MIAM would have done.
Can the Court Require Mediation Even After an Exemption?
Yes. Even if a MIAM exemption is accepted and proceedings begin, the court retains the power to adjourn at any stage and direct parties to consider mediation.
This means that a valid exemption does not permanently remove mediation from the picture. If circumstances change — for example, if a domestic abuse situation stabilises and both parties would be willing to mediate with appropriate safeguards — the court can encourage or direct mediation at a later point.
In some cases, specialist mediation services — including those experienced in cases involving domestic abuse — can provide a safe framework for mediation that would not have been possible at the start of proceedings.
Next Steps: Claim an Exemption or Attend a MIAM?
If you believe a MIAM exemption genuinely applies in your situation, gather the evidence you need before submitting your application. Make sure the evidence meets the standard required under Practice Direction 3A.
If you are unsure whether an exemption applies — or whether your evidence is sufficient — consider speaking to a family solicitor before submitting. An incorrectly claimed exemption creates more delay than simply attending a MIAM.
For most people, attending a MIAM — even briefly — is the more straightforward route. Online appointments are often available within a few days and do not commit you to any further process.
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