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.