The Family Procedure (Amendment No. 2) Rules 2023

11.  In rule 3.8(1) (circumstances in which the MIAM requirement does not apply (MIAM exemptions and mediator’s exemptions))—

(a) for the sub-heading to sub-paragraph (a) for “violence” substitute “abuse”;

(b) in sub-paragraph (a) for “violence” substitute “abuse”;

(c) in sub-paragraph (c)(ii)(ad) for “unreasonable” substitute “significant financial”;

(d) in the sub-heading to sub-paragraph (d) for “MIAM exemption” substitute “non-court dispute resolution attendance”;

(e) in sub-paragraph (d)—

(i) in paragraph (i)—

(aa) for “participated in another form of” substitute “a”;

(bb) after “resolution” insert “process”; and

(cc) for “; or” substitute “; and”;

(ii) for paragraph (ii) substitute—

“(ii) where the person attended a non-court dispute resolution process, there is evidence of that attendance, as specified in Practice Direction 3A; or”;

(f) omit sub-paragraphs (e), (g) and (i);

(g) in sub-paragraph (k)—

(i) before paragraph (i) insert—

“(ai) the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court;”;

(ii) in paragraph (i)—

(aa) omit “or all of the prospective respondents are”; and

(bb) after “attendance” insert “in person”;

(iii) in paragraph (ii) for “three” both times it appears substitute “five”;

(iv) in paragraph (iii)—

(aa) for “such” substitute “the”;

(bb) after “mediators” insert “contacted by the prospective applicant”;

(cc) for “can be” substitute “are”; and

(dd) omit “if requested”;

(h) in sub-paragraph (l)—

(i) omit “or all of the prospective respondents”;

(ii) for “he or she is, or they are, as the case may be” substitute “the prospective applicant is”; and

(iii) in paragraph (i)—

(aa) for “he or she is or they are” substitute “the prospective applicant is”; and

(bb) after “detained” insert “and facilities cannot be made available for them to attend a MIAM online or by video-link”;

(i) omit sub-paragraph (m);

(j) in sub-paragraph (n) omit “by virtue of Rules 12.3(1)”;

(k) in sub-paragraph (o)—

(i) before paragraph (i) insert—

“(ai) the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court;”;

(ii) in paragraph (i) for “three” both times it occurs substitute “five”;

(iii) in paragraph (ii)—

(aa) for “such” substitute “the”;

(bb) after “mediators” insert “contacted by the prospective applicant”;

(cc) for “can be” substitute “are”; and

(dd) omit “if requested”; and

(l) for sub-paragraph (p) substitute—

“(p) —

(i) the prospective applicant is not able to attend a MIAM online or by video-link;

(ii) there is no authorised family mediator with an office within fifteen miles of the prospective applicant’s home; and

(iii) an explanation of why this exemption applies is provided by the prospective applicant to the court.”.