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History: Home UK Divorce Forum
Topic:
Requirement for MIAM (2 Posts)
Started By:
Date:
21 April, 2017 09:33PM
Requirement for MIAM
Sam_Toucan - 21 April, 2017 09:33PM
Unfortunately my ex-wife has decided she no longer wishes to abide by our consent order in regards to when I can see my children. I want to apply to court to deal with this. According to the form C100, there is a legal requirement to attend a MIAM before applying to court. I attended a MIAM about 8 months ago, paid their £65 fee (or whatever it cost) and then my ex-wife told them she refused to attend mediation. However I then decided to try further negotiations with my ex-wife rather than applying directly to court. These negotiations have since failed.

According to the C100 form, previous MIAM attendance only applies if it was within 4 months of making the application. Is there any way around this? I can't see the point in spending another £65 to be told again about the benefits of mediation (which they told me last time), my ex-wife will refuse mediation again and I have wasted the £65 and a couple of weeks while this all happens.
Re: Requirement for MIAM
Bubblegum - 22 April, 2017 10:34PM
I'm not 100% sure on this but my understanding was that after the 4 months you would need to re-do the MIAM.
It's the biggest waste of money when you are dealing with an irrational and unreasonable person and even more so if you've already attended one but it's passed its use by date. Just make your application to court as soon as you have your MIAM. You can still mediate or try and settle out of court whilst waiting for the court process (which is rather slow).

Good luck!
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