In usual circumstances, if you are considering making a court application for a child arrangements order in contested circumstances, it is compulsory to first attend a Mediation, Information and Assessment Meeting (MIAM).

At the MIAM an authorised family mediator will consider your suitability for potential mediation, or another form of non-court dispute resolution, as an alternative to court action.  This is to encourage parties to resolve their disputes outside of court wherever possible.

However, if you are applying for a Child Arrangements Order by consent, attendance at the MIAM is not compulsory.  You can send your application to court enclosing the consent order, with the correct court fee, with no need for a MIAM certificate.  

It is important to note that CAFCASS may still be involved in your matter even if all the terms are agreed. The court may also decline to make an order on the basis of the “no order” principle in the family courts. A court will only make an order if it is more beneficial to the child than making no order at all.

The same applies if you wish to vary a child arrangement order by consent.  If both parties agree that the existing order is no longer workable due to a change in circumstances, a consent order can be filed.   However, if the application is not agreed, then the general rule is that a MIAM certificate will be required (unless an exception applies).  

If you would like any further information or advice in relation to mediation or children act proceedings, our specialist family lawyers are happy to help. Our lawyers have offices based in Wolverhampton and Cradley Heath and provide assistance to clients across the West Midlands including: Stourbridge, Kidderminster, Birmingham, Dudley and Walsall.

For all new enquiries, please call 01902 328 355 or 01384 340569, alternatively you can complete our online enquiry form and a member of our team will respond.