Fact checked by Jess Knauf, Director of Client Strategy at Mediate UK | Last updated: 16.04.2026
Key Takeaways
- Most people must attend a MIAM before filing a C100 form, but there are 15 recognised exemptions.
- Domestic abuse, urgency, child protection concerns, and previous MIAM attendance are among the most commonly used exemptions.
- You must tick the correct exemption box on the C100 form itself, and the court may ask for evidence.
- Falsely claiming an exemption can lead to your application being delayed or dismissed.
- If you are unsure whether you qualify, speaking to a mediator first costs nothing, and a MIAM at Mediate UK is just £138.
MIAM EXEMPTIONS
MIAM exemptions are specific legal grounds that allow you to apply to the family court using a C100 form without first attending a Mediation Information and Assessment Meeting. They are set out in the Family Procedure Rules 2010 and cover situations including domestic abuse, urgency, previous mediation, and certain other circumstances. If you rely on an exemption, you must declare it on section 3 of the C100 form, and the court has the power to require you to attend a MIAM if it is not satisfied the exemption applies.
If you need to make a court application about your children and you have heard that you first have to attend a MIAM, you might be wondering whether there is a way around it. The short answer is: sometimes, yes. MIAM exemptions exist precisely for situations where attending a Mediation Information and Assessment Meeting before filing a C100 form would be inappropriate, impossible, or unsafe.
This guide covers every recognised MIAM exemption, explains when each one applies, and walks you through how to correctly declare an exemption on the C100 form. If you are unsure whether your situation qualifies, we have also explained what happens if you get it wrong.
What Is a MIAM, and Why Is It Usually Required?
A MIAM (Mediation Information and Assessment Meeting) is a short, private meeting with an accredited family mediator. It is your opportunity to find out whether family mediation could help you resolve your dispute without going to court. Most people find it lasts around 45 to 60 minutes, and it can take place in person or online.
Under the Children and Families Act 2014, attending a MIAM is a legal requirement before most applications to the family court, including the C100 form used to apply for child arrangements orders, prohibited steps orders, and specific issue orders. The purpose is to make sure people consider mediation as an alternative before taking the more time-consuming and expensive route of court proceedings.
At Mediate UK, a MIAM costs just £138 and can usually be booked within a few days. You can read more about what to expect in the This Guide to Attending a MIAM.
That said, there are situations where attending a MIAM is simply not appropriate. These are covered by the MIAM exemptions.
The Full List of MIAM Exemptions
There are 15 categories of MIAM exemption set out in Practice Direction 3A of the Family Procedure Rules 2010. Below is a plain-English explanation of each one.
1. Domestic Abuse
This is one of the most widely used MIAM exemptions. You may be exempt if there is evidence that you or the child have been a victim of domestic abuse carried out by the other party, or if the other party is subject to a criminal investigation or has been convicted of a domestic abuse offence.
Evidence to support this exemption can include:
A police caution, charge, or conviction relating to domestic abuse- A non-molestation order, injunction, or restraining order
- A letter from a GP, health professional, or social worker
- A letter from a domestic abuse support organisation such as IDVA or MARAC
- A relevant court order or finding of fact
- A letter from your employer, a legal professional, or a housing association if relevant
A police caution, charge, or conviction relating to domestic abuseThe list of accepted evidence was updated in 2017 and is now broader than it previously was. You do not need multiple pieces of evidence, but you should be able to point to at least one form of corroboration.
2. Child Protection Concerns
If a child who would be involved in the case is currently the subject of a child protection plan, or if there are ongoing child protection enquiries (a Section 47 enquiry by a local authority), this MIAM exemption may apply. This recognises that where children are already in the child protection system, attending a MIAM is not appropriate before court action.
3. Urgency
The urgency exemption applies when there is a risk to the life, liberty, or physical safety of the applicant or a relevant child, or a risk that if the application is delayed, the applicant’s financial position will be harmed significantly, or any relevant property will be disposed of, concealed, or otherwise put at risk.
In practice, this is most often used where a parent fears the other party is about to take a child abroad, or where there is an immediate and serious risk of harm. Courts do scrutinise this exemption carefully, so you should genuinely believe that a delay of even a few days would cause real harm.
It is worth knowing that if your matter is urgent but does not quite meet the legal threshold for the urgency exemption, Mediate UK can usually arrange an urgent MIAM within 24 hours, with a signed MIAM certificate issued the same day.
4. Previous MIAM Attendance
If you have already attended a MIAM within the four months before filing your C100, you do not need to attend another one. You would simply tick the relevant exemption box on the C100 and attach your MIAM certificate.
This also applies if the other party has attended a MIAM in relation to the same or a substantially connected dispute within that four-month window.
5. Previous Court Proceedings
You may be exempt if either party has made a relevant family court application in the last four months, or if a court order was made in relevant proceedings in the last four months. The idea here is that where parties have recently been in court about the same or related matters, it would be disproportionate to require them to go through a MIAM before returning.
6. No Mediator Available Within 15 Business Days
If you have contacted three authorised family mediators within 15 miles of your home and none of them can offer you a MIAM appointment within 15 business days of your first contact, this exemption applies. You must be able to show that you genuinely tried to book a MIAM, so keep a record of your contact attempts, including dates and any responses received.
In practice this exemption is rarely needed, as most mediators, including Mediate UK, offer appointments quickly. But it is there as a safeguard.
7. The Other Party Is Unwilling to Attend
If you have attended a MIAM, or the mediator has contacted the other party and they have declined to attend, the mediator can confirm in writing that the other party is unwilling to participate. This is not technically an exemption from attending a MIAM yourself, but it does allow you to proceed to a C100 application after completing your own MIAM, even though joint mediation is not going ahead.
8. Disability or Other Circumstances Making Attendance Impossible
If you have a disability or other specific circumstance that makes it physically impossible to attend a MIAM, this exemption may apply. However, most mediators now offer online and telephone MIAMs, which significantly reduces the situations where this applies. If you have concerns, it is worth contacting a mediator to discuss your options before claiming this exemption.
9. The Other Party Cannot Be Located
If you do not know where the other party lives and have been unable to locate them, mediation obviously cannot proceed. This exemption covers situations where a parent has no way of contacting the other party to invite them to a MIAM.
10. The Application Is Made Without Notice (Without the Other Party’s Knowledge)
Where the application is to be made without notice to the other party, typically in very urgent or dangerous situations, attending a MIAM first is not required. Without-notice applications are taken seriously by the courts and are only appropriate in genuinely urgent circumstances.
11. Contact With a Mediator Has Already Taken Place
If you have already been in contact with a mediator about the dispute but the matter has not been resolved, and the mediator confirms that mediation is not suitable, you can proceed to file the C100. This is slightly different from attending a full MIAM, and you would need the mediator’s confirmation in writing.
12. The Application Is Made in Existing Proceedings
If proceedings are already underway and you are making an additional application within those proceedings, a fresh MIAM is not required. The case is already before the court, and attending a MIAM again would add unnecessary delay.
13. International Cases
If the application concerns an international element, such as a child abduction or an application under the Hague Convention, the MIAM requirement does not apply in the same way. These cases have their own specialist procedures.
14. The Applicant Is a Victim of Financial Abuse
Financial abuse is a recognised form of domestic abuse, and evidence of financial abuse by the other party may allow you to claim the domestic abuse exemption. This was clarified in updates to Practice Direction 3A and is now more explicitly covered than it once was.
15. Prison, Bail Conditions, or Release on Licence
If either party is currently in prison, subject to bail conditions that prevent contact with the other party, or is on licence with relevant restrictions, a MIAM cannot take place and this exemption applies.
Not sure which MIAM exemption applies to you?
Our MIAM checker can help you work out whether you need a MIAM before submitting your C100, or whether one of the exemptions covers your situation. A MIAM at Mediate UK costs just £138 and can usually be booked within days.
How to Declare a MIAM Exemption on the C100 Form
The C100 form includes a dedicated section for MIAM-related information. Here is how to handle it correctly.
Section 3 of the C100 Form
Section 3 of the C100 is where you declare your MIAM exemption. The form first asks at question 2.3 whether you are claiming an exemption, and if yes, directs you to complete Section 3. You will need to confirm one of the following:
Section 3 is divided into sub-sections: 3a covers domestic abuse, 3b covers urgency, 3c covers child protection, 3d covers previous MIAM or non-court dispute resolution attendance, 3e covers previous court proceedings, and 3f covers other grounds such as no mediator available, other party cannot be located, disability, and prison or bail conditions. You need to tick the box in the correct sub-section, not simply write a general explanation.
What Evidence Do You Need?
For most exemptions you do not need to attach supporting evidence when you file the C100, but you need to have it available in case the court asks for it. The domestic abuse exemption is the most likely to require evidence at an early stage.
For the “no mediator available” exemption, you should keep records of your contact attempts. For the urgency exemption, you should be able to explain clearly why delay would cause harm.
What Happens If the Court Is Not Satisfied With Your Exemption?
Under Rule 3.10 of the Family Procedure Rules, if the court is not satisfied that an exemption applies, it can direct you to attend a MIAM before the case proceeds. This can add weeks to your application. If you have made a false or misleading declaration about an exemption, there could be more serious consequences, including costs orders against you.
This is why it is always worth being honest about whether an exemption genuinely applies. If you are in any doubt, attending a MIAM is usually quicker than dealing with a court direction to do so further down the line.
“We see quite a few applicants who believed they qualified for an exemption, only to have the court question it at the first hearing. In most cases, if they had just attended a MIAM at the outset, their application would have been further along by the time that hearing took place. A MIAM is rarely the obstacle people fear it will be.”
Jess Knauf, Director of Client Strategy, Mediate UK
MIAM Exemptions: A Quick Reference Table
Here is a summary of all 15 MIAM exemptions and whether evidence is typically required:
| Exemption | Summary | Evidence Required? |
|---|---|---|
| Domestic Abuse | Evidence of abuse by the other party | Yes, usually required |
| Child Protection | Child subject to a protection plan or Section 47 enquiry | Often yes |
| Urgency | Risk to life, liberty, safety, or imminent loss of assets | Should be explained |
| Previous MIAM | MIAM attended within the last 4 months | Attach MIAM certificate |
| Previous Proceedings | Court application or order in last 4 months | Case reference helpful |
| No Mediator Available | 3 mediators within 15 miles cannot offer MIAM within 15 days | Keep contact records |
| Other Party Unwilling | Other party declines to attend a MIAM | Mediator confirmation in writing |
| Disability or Impossibility | Attendance genuinely impossible for the applicant | Usually yes |
| Other Party Cannot Be Located | Whereabouts of other party unknown | Show attempts to locate |
| Without-Notice Application | Application made without the other party’s knowledge | Must justify in application |
| Mediator Contact Already Made | Mediator confirms mediation unsuitable after contact | Mediator’s written confirmation |
| Existing Proceedings | Application made within proceedings already before court | Case reference required |
| International Cases | International abduction or Hague Convention application | Specialist process applies |
| Financial Abuse | Financial abuse by the other party (subset of domestic abuse) | Evidence required |
| Prison or Bail Conditions | Either party in custody or subject to relevant restrictions | Confirm the restriction |
When Claiming a MIAM Exemption Might Not Be the Best Approach
Even if a MIAM exemption is technically available to you, it is worth pausing before automatically claiming it. Here are a few situations where attending a MIAM may actually serve your interests better:
- The court may question your exemption later: If the judge feels the exemption was used inappropriately, it can create an unfavourable impression at the first hearing.
- A MIAM can actually help: Many parents who attend a MIAM expecting it to be a formality find that the mediator raises useful options they had not considered, and some go on to resolve their dispute without court proceedings at all.
- Speed: If you use the urgency exemption but it does not fully apply, the court can adjourn your application to require a MIAM, which will cost you more time overall than just booking one in the first place.
- Legal Aid for mediation: Some people do not realise they may be entitled to publicly funded mediation. A MIAM is how you find out. You can check your eligibility using the MIAM calculator.
How the C100 Application Works After Claiming a MIAM Exemption
Once you have declared your exemption on Section 3 of the C100, the process for filing is the same as for any C100 application. You submit the completed form to the relevant family court, pay the court fee of £270, and wait to receive your Notice of Proceedings and a hearing date.
The court will then serve the C100 on the other party and on Cafcass, who will carry out initial safeguarding checks. The first hearing (a FHDRA, or First Hearing Dispute Resolution Appointment) is usually listed within four to six weeks.
At that first hearing, the judge may ask you to explain your exemption more fully, particularly if you claimed urgency or domestic abuse without substantial documentation. Being prepared to address this is important.
If you need help completing the C100 from start to finish, our specialists at Family Law Service can handle the whole thing for you at a fixed fee of £240.
Need Help Completing the C100 Form?
Our family law experts at Family Law Service can complete the full C100 form for you, including the MIAM and exemption sections, for a fixed fee of £240. No hourly rates, no surprises.
Summary
There are 15 recognised MIAM exemptions under the Family Procedure Rules 2010, covering domestic abuse, urgency, child protection, previous MIAM attendance, previous court proceedings, and a range of practical circumstances. Each exemption has its own requirements, and some require supporting evidence.
Claiming an exemption incorrectly can delay your C100 application, so it is always worth being sure before you tick the box. If you are in any doubt, a MIAM at Mediate UK costs £138, can usually be booked within days, and may even open the door to resolving your dispute without court proceedings at all.
Frequently Asked Questions
Can I claim a MIAM exemption for domestic abuse without a police report?
Yes. A police report is one form of evidence, but it is not the only one. Letters from GPs, health visitors, social workers, domestic abuse support organisations, and other professionals are all accepted. The court wants to see that there is some corroboration, not a specific type of document.
What happens if I tick the wrong MIAM exemption box on my C100?
The court may challenge your exemption at the first hearing. If the judge is not satisfied, they can direct you to attend a MIAM before the case proceeds, which will delay things. In more serious cases, a deliberately false declaration could result in costs consequences.
How long does a MIAM certificate last?
A MIAM certificate is valid for four months from the date of the meeting. If you attended a MIAM more than four months ago and have not yet filed your C100, you may need to attend a fresh MIAM rather than relying on the previous attendance exemption.
Does the urgency MIAM exemption apply if my ex is threatening to move away with my children?
It may do, depending on how imminent the threat is. If you genuinely believe a move is about to happen and waiting even a few days would make it harder to protect your position, the urgency exemption could apply. However, if you have a few days available, booking an urgent MIAM within 24 hours at Mediate UK may be quicker than relying on the exemption and potentially facing scrutiny from the court.
How much does it cost to file a C100 form?
The court fee for filing a C100 is £270. This is paid directly to HMCTS. There is no charge for the C100 form itself. If you need help completing the form, Family Law Service offers a fixed-fee C100 completion service for £240.
Can both parties claim a MIAM exemption at the same time?
It is the applicant (the person filing the C100) who declares the exemption on the form. The respondent does not need to claim an exemption, but if the respondent attends a MIAM and the applicant is the one claiming an exemption, the mediator can confirm that attendance to the court.
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Whether you need to attend a MIAM before your C100 application, want to check whether a MIAM exemption applies, or need expert help completing the form, Mediate UK and Family Law Service are here to help.
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