Using the Correct Form for Applications to Court

Using the Correct Form for Applications to Court

WHICH IS THE CORRECT COURT FORM?

FORM NUMBER TYPE OF APPLICATION MEDIATOR SIGNS OR SEPARATE FM1?
C100 S8 Children Act 1989 orders: child arrangement orders, prohibited steps and specific issue orders Mediator signs page 19
C1 Parental responsibility order or order terminating PR, child guardianship, special guardianship or change of surname/removal from the jurisdiction Separate form FM1 needed
C2 Permission to start proceedings, order or direction in existing proceedings, to be joined or cease to be a party in existing proceedings (relating to type of case in C1) Separate form FM1 needed
Form A Notice of (intention to proceed with) an application for a financial order Mediator signs page 9
Form A1 Notice of( intention to proceed with) an application for a financial remedy other than a financial order (Schedule 1 Children Act applications – DVMCA) Mediator signs page 10
Form B S10(2) application Notice of Application to consider the financial position of the Respondent after divorce/dissolution Mediator signs page 7

 

Since April 22nd 2014 anyone (with a few exceptions, for instance if there is evidence of domestic violence) making an application to the court about children or finances is now required to attend a MIAM whilst the Respondent is expected to have attended.

The form FM1 is only used in limited circumstances (see table).  Mainly a mediator will be signing part of either the Form C100 in Children Act proceedings or part of the Form A in financial remedy proceedings.

The Applicant will be required to confirm attendance at a MIAM or specify that an exemption applies. A mediator will have to state that:

(1)    The applicant has attended a MIAM; or

(2)    The applicant has not attended a MIAM and the mediator is satisfied that

(a)    Mediation is not suitable because the respondent is unwilling to attend a MIAM;

(b)   Mediation is not suitable as a means of resolving the dispute because the respondent failed without good reason to attend a MIAM; or

(c)    Mediation is otherwise not suitable as a means of resolving the dispute.

I hope this list will help solicitors, applicants and mediators ensure that the correct form is completed when an application is made.