The Family Procedure (Amendment No. 2) Rules 2023
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In rule 3.8(1) (circumstances in which the MIAM requirement does not apply (MIAM exemptions and mediator’s exemptions))— (a) for the sub-heading to sub-paragraph (a) for “violence” substitute “abuse”; (b) in sub-paragraph (a) for “violence” substitute “abuse”; (c) in sub-paragraph (c)(ii)(ad) for “unreasonable” substitute “significant financial”; (d) in the sub-heading to sub-paragraph (d) for “MIAM exemption” substitute “non-court dispute resolution attendance”; (e) in sub-paragraph (d)— (i) in paragraph (i)— (aa) for “participated in another form of” substitute “a”; (bb) after “resolution” insert “process”; and (cc) for “; or” substitute “; and”; (ii) for paragraph (ii) substitute— (ii) where the person attended a non-court dispute resolution process, there is evidence of that attendance, as specified in Practice Direction 3A; or ; (f) omit sub-paragraphs (e), (g) and (i); (g) in sub-paragraph (k)— (i) before paragraph (i) insert— (ai) the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court; ; (ii) in paragraph (i)— (aa) omit “or all of the prospective respondents are”; and (bb) after “attendance” insert “in person”; (iii) in paragraph (ii) for “three” both times it appears substitute “five”; (iv) in paragraph (iii)— (aa) for “such” substitute “the”; (bb) after “mediators” insert “contacted by the prospective applicant”; (cc) for “can be” substitute “are”; and (dd) omit “if requested”; (h) in sub-paragraph (l)— (i) omit “or all of the prospective respondents”; (ii) for “he or she is, or they are, as the case may be” substitute “the prospective applicant is”; and (iii) in paragraph (i)— (aa) for “he or she is or they are” substitute “the prospective applicant is”; and (bb) after “detained” insert “and facilities cannot be made available for them to attend a MIAM online or by video-link”; (i) omit sub-paragraph (m); (j) in sub-paragraph (n) omit “by virtue of Rules 12.3(1)”; (k) in sub-paragraph (o)— (i) before paragraph (i) insert— (ai) the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court; ; (ii) in paragraph (i) for “three” both times it occurs substitute “five”; (iii) in paragraph (ii)— (aa) for “such” substitute “the”; (bb) after “mediators” insert “contacted by the prospective applicant”; (cc) for “can be” substitute “are”; and (dd) omit “if requested”; and (l) for sub-paragraph (p) substitute— (p) — (i) the prospective applicant is not able to attend a MIAM online or by video-link; (ii) there is no authorised family mediator with an office within fifteen miles of the prospective applicant’s home; and (iii) an explanation of why this exemption applies is provided by the prospective applicant to the court. .
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In rule 3.8(1) (circumstances in which the MIAM requirement does not apply (MIAM exemptions and mediator’s exemptions))— (a) for the sub-heading to sub-paragraph (a) for “violence” substitute “abuse”; (b) in sub-paragraph (a) for “violence” substitute “abuse”; (c) in sub-paragraph (c)(ii)(ad) for “unreasonable” substitute “significant financial”; (d) in the sub-heading to sub-paragraph (d) for “MIAM exemption” substitute “non-court dispute resolution attendance”; (e) in sub-paragraph (d)— (i) in paragraph (i)— (aa) for “participated in another form of” substitute “a”; (bb) after “resolution” insert “process”; and (cc) for “; or” substitute “; and”; (ii) for paragraph (ii) substitute— (ii) where the person attended a non-court dispute resolution process, there is evidence of that attendance, as specified in Practice Direction 3A; or ; (f) omit sub-paragraphs (e), (g) and (i); (g) in sub-paragraph (k)— (i) before paragraph (i) insert— (ai) the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court; ; (ii) in paragraph (i)— (aa) omit “or all of the prospective respondents are”; and (bb) after “attendance” insert “in person”; (iii) in paragraph (ii) for “three” both times it appears substitute “five”; (iv) in paragraph (iii)— (aa) for “such” substitute “the”; (bb) after “mediators” insert “contacted by the prospective applicant”; (cc) for “can be” substitute “are”; and (dd) omit “if requested”; (h) in sub-paragraph (l)— (i) omit “or all of the prospective respondents”; (ii) for “he or she is, or they are, as the case may be” substitute “the prospective applicant is”; and (iii) in paragraph (i)— (aa) for “he or she is or they are” substitute “the prospective applicant is”; and (bb) after “detained” insert “and facilities cannot be made available for them to attend a MIAM online or by video-link”; (i) omit sub-paragraph (m); (j) in sub-paragraph (n) omit “by virtue of Rules 12.3(1)”; (k) in sub-paragraph (o)— (i) before paragraph (i) insert— (ai) the prospective applicant is not able to attend a MIAM online or by video-link and an explanation of why this is the case is provided to the court; ; (ii) in paragraph (i) for “three” both times it occurs substitute “five”; (iii) in paragraph (ii)— (aa) for “such” substitute “the”; (bb) after “mediators” insert “contacted by the prospective applicant”; (cc) for “can be” substitute “are”; and (dd) omit “if requested”; and (l) for sub-paragraph (p) substitute— (p) — (i) the prospective applicant is not able to attend a MIAM online or by video-link; (ii) there is no authorised family mediator with an office within fifteen miles of the prospective applicant’s home; and (iii) an explanation of why this exemption applies is provided by the prospective applicant to the court. .
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