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.”.