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.