MIAM exemptions — domestic abuse evidence that counts (Practice Direction 3A)
REVIEWED BY: Sean McNamara on 2026-08-30
Before most family court applications (C100 child arrangements, financial remedy), you must attend a MIAM — a mediation information and assessment meeting. But if you are a victim of domestic abuse, you are exempt — and you don't need your ex's agreement or the mediator's blessing to claim the exemption. This guide explains what evidence the rules accept. It is general information, not legal advice.
The legal basis
The MIAM requirement and its exemptions are in rule 3.8 of the Family Procedure Rules 2010 and Practice Direction 3A. The domestic abuse exemption covers evidence of domestic abuse as defined by the Domestic Abuse Act 2021 — physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological or emotional abuse, whether a single incident or a course of conduct.
The evidence list (PD3A paragraph 20)
Practice Direction 3A sets out 21 forms of acceptable evidence. The most commonly used:
- A police-issued caution or conviction for a domestic abuse offence (within the last 5 years)
- Police bail or being under investigation for a domestic abuse offence (within 5 years)
- A protective injunction — non-molestation order, occupation order, or an undertaking (within 5 years)
- A finding of fact in family proceedings that you were a victim of abuse by the other party
- Ongoing criminal proceedings for a domestic abuse offence
- A letter or report from a health professional (GP, midwife, health visitor) confirming injury or condition consistent with domestic abuse
- A letter from a domestic abuse support organisation — IDVA, refuge, charity — confirming you are receiving support
- A letter from a social services department confirming involvement relating to abuse
- A Domestic Violence Protection Order (or the newer DAPO in pilot areas)
- A letter from a multi-agency conference (MARAC) confirmation
- Evidence under female genital mutilation or forced marriage protections
The full list is in the practice direction — evidence must relate to you and the other party to the application, and time limits (usually 5 years, or 12 months for some categories) apply.
How to claim the exemption
1. Complete the relevant part of form C100 (children) or Form A (finances) — tick the exemption box and state which exemption applies 2. Attach the evidence (a copy, not the original) 3. File it with your application — you do not need a mediator's sign-off to claim a MIAM exemption 4. If you don't have the exact evidence listed, apply anyway and explain — courts can consider other reliable evidence, though the listed categories are safest
Other MIAM exemptions (briefly)
The domestic abuse exemption is the one used most, but others include:
- Urgency — where delay would cause financial hardship, irretrievable problems (like loss of evidence), or risk of proceedings starting in another country
- Previous MIAM or non-court dispute resolution in the four months before the application, about the same dispute
- Child protection concerns — where a child on the application is subject of a local authority plan or has social services involvement
- Bankruptcy of a party (financial cases)
- No mediator available within 15 business days at an accessible distance
- The other party is in prison (with conditions) or there is no contact address for them
Inconvenience, cost alone, or simply believing mediation won't work are not exemptions — those cases must show a genuine attempt at a MIAM.
Practical notes
- Claiming a domestic abuse exemption does not commit you to anything — it simply lets you apply to court directly
- Mediation may still be right for some abuse survivors — with safety measures, shuttle mediation (separate rooms) or online formats. A good MIAM will explain the options without pressure
- If you have legal aid, family mediation is free for you and the exemption isn't needed if you proceed to mediation — but for court applications you'll still claim the exemption or attend a legally aided MIAM
Official links
- Practice Direction 3A — MIAMs (justice.gov.uk)
- Family Procedure Rules rule 3.8 (legislation.gov.uk)
- C100 application form (gov.uk)
- Family Mediation Council — find a mediator
- National Domestic Abuse Helpline: 0808 2000 247
YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS, the FMC, or gov.uk. This page is general information and is not legal advice.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.