Form FM1 UK: MIAM Certificate for Family Court Applications
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If you are thinking about asking the family court to make a decision about your child, there is a step most people have to take first. Before lodging an application under the Children Act 1989, or indeed many other family proceedings, you usually need to attend a Mediation Information and Assessment Meeting, known as a MIAM.
Form FM1 is the document that records either your attendance at that meeting or the reason you are exempt from going. It is a gateway rather than a formality, and getting it wrong can delay your case or see it rejected by the court.
This page walks you through what the form is for, who needs to complete it, when an exemption applies, and what to expect from the mediation process itself.
What this document is
Form FM1 is a short court form that sits alongside your main family court application. Its purpose is to confirm one of three things: that you have attended a MIAM with an authorised family mediator, that the other party has refused to engage, or that you fall within one of the recognised exemption categories set out in the Family Procedure Rules.
The form is signed either by the mediator who conducted the meeting or by the applicant (or their solicitor) where an exemption is being claimed. Without a completed Form FM1, a court dealing with certain private family law matters will generally not issue your application.
The requirement reflects a wider policy in England and Wales of encouraging families to resolve disputes away from the courtroom wherever that is safe and realistic. Mediation, arbitration, collaborative law and round-table discussions all sit under the umbrella of non-court dispute resolution, and the MIAM is designed to help you work out whether any of them could work for your situation.
How to use this document
- Work out whether you need to attend a MIAM. Most applicants making a private family law application about children or finances must attend a MIAM before issuing proceedings. Check whether your application type is caught by the rules, and whether any of the published exemptions might apply to your circumstances, such as evidence of domestic abuse, urgency, or child protection concerns.
- Find an authorised family mediator. Only mediators authorised by the Family Mediation Council can sign off Form FM1. You can search for a local mediator through the Family Mediation Council directory. When you contact them, be ready to explain the nature of the dispute and provide contact details for the other party so the mediator can invite them separately.
- Attend the meeting and discuss your options. At the MIAM, the mediator will explain how mediation works, assess whether it is suitable and safe in your case, and talk through other ways of resolving the dispute. You may attend jointly with the other party if you both agree and the mediator considers it safe, or you can each have a separate meeting.
- Ask about legal aid eligibility. Family mediation remains one of the areas where legal aid is still available for those who qualify financially. If you are eligible, your MIAM and any subsequent mediation sessions should be free, and limited legal help connected to the mediation may also be covered. The mediator can usually carry out an initial check on your behalf.
- Complete and file Form FM1 with your court application. Once the MIAM has taken place, or once you have established that an exemption applies, the relevant section of Form FM1 is completed and signed. The form is then submitted to the court alongside your C100, Form A, or other application. Keep a copy for your records in case the court queries the exemption claimed.
Common questions
Q Do I always need to attend a MIAM before going to family court?
No, but the default position is that you do. The Family Procedure Rules list a number of situations where attendance is not required, including where there is evidence of domestic abuse, where the matter is genuinely urgent, where a child is at risk, or where bankruptcy proceedings are involved. If you believe an exemption applies, the reason has to be set out clearly on Form FM1 so the court can check it.
Q What happens if the other person refuses to attend the MIAM?
You are not penalised for their refusal. If the other party declines to engage, the mediator can sign Form FM1 on that basis and you can proceed to court. The mediator will usually try to contact the other party at least once before confirming the refusal. Keep in mind that the court may still encourage both of you to explore mediation at a later stage in proceedings.
Q Can the court challenge an exemption I have claimed?
Yes. If you claim an exemption on Form FM1 without going to a MIAM, the court has the power to examine whether the exemption was properly relied on. If a judge decides the exemption was not validly claimed, you may be directed to attend a MIAM before the case goes any further, which will delay matters. It is worth being accurate and cautious when ticking exemption boxes.
Q How much does a MIAM cost?
Fees vary between mediators and regions, and some mediators charge a fixed price while others charge hourly. If you qualify for legal aid the meeting should cost you nothing. For current legal aid thresholds and details of what is covered, check gov.uk. If you are paying privately, it is sensible to ask about the cost when you first make contact with the mediator.
Q Is Form FM1 still the correct form to use?
Form FM1 has been the traditional MIAM certificate, though court forms and procedural rules are updated from time to time and the MIAM section is often now incorporated into the main application forms such as the C100. Always check the latest version on gov.uk or with the court you are applying to, and make sure you are using the most up to date document.
Q Do both parents have to attend the same meeting?
Not necessarily. If both of you agree and the mediator considers it safe, you can attend together, which some families find helpful. If there are concerns about safety, power imbalance, or if either of you prefers to attend alone, separate MIAMs can be arranged. The mediator carries out a suitability and safety assessment before deciding how to proceed.
Q Does attending a MIAM mean I have to mediate?
No. The MIAM is an information and assessment meeting only. At the end of it, you are free to decide that mediation is not the right route and to proceed with a court application instead. The goal of the meeting is to make sure you have considered the alternatives and understand what they involve before using court time.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm FM1 on gov.ukgov.uk
- Official SourceFamily Mediation Council – find a mediatorfamilymediationcouncil.org.uk
- Guidance · UK GovLegal aid for family mediationgov.uk
- LegislationChildren Act 1989legislation.gov.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.