AskThe Experts

Q

. I would like to apply to the Court to see my child, do I need

A

to attend mediation first?

. Yes. As of April 2014, prospective Applicants who wish to bring Court proceedings in relation to private children law proceedings must attend a Mediation Information and Assessment Meeting (“MIAM”) before applying to the Court.

This does not apply however if it is an urgent Application. MIAM is a form of Alternative Dispute Resolution (“ADR”) which encourages parties to resolve issues without the need for Court intervention. However, not all issues can be resolved through mediation and the assistance of a Court Order may be necessary. The first step would be for either you or your solicitor to make contact with an authorised family mediator to arrange an appointment.

Both parties can attend together, but you can also attend separately. If you do attend separately, both parties should see the same mediator. If the other party does not attend, you can proceed to issuing Court proceedings. You would need to file an Application with the Court using a form C100. If both parties attend a MIAM, the mediator will endeavour to work with you to assess a number of things. If mediation cannot help at this stage, the mediator will sign a form to say a MIAM has been attended and Court proceedings can then be issued.

If you would like further advice, please contact Lesley Knight at Hegarty Solicitors on 01733 295 620 or email lesley.knight@ hegarty.co.uk.