Lecture notes
Summarised family law lpc notes
- Module
- Law
- Institution
- University Of Westminster (UOW)
Summarised family law lpc notes
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Mediation/Non-Court Resolution The Child Arrangements Programme (CAP) sets out the procedure for resolving issues in
court (FPR PD 128 Para 1.1) but non-court dispute resolution should be encouraged where
possible.
CAP signposts possible non-court resolution services & encourages the use of a parenting
plan to help parents agree issues between themselves
S10(1) Children & Families Act 2014 – before making a family application, a person must
attend a family meditation information & assessment meeting (MIAM) – information is
provided & the situation is assessed by a mediator for further possible resolution
Respondent is expected to attend MIAM (PD3A 2)
If at least 1 party is eligible for Legal Aid, the total cost of MIAM attendance can be met by
LAA whether the parties attend the same MIAM or separate MIAMs (PD3A 29).
Applies to proceedings re children & finance so applications under S4, S8 & S13(1) are
included BUT enforcement proceedings & undetermined emergency proceedings i.e. S33 &
S34 FLA 1986 are excluded
MIAM not required = in domestic abuse situations, urgent or without notice applications
FPR 3.3 – court must consider at every stage in proceedings whether non-court dispute
resolution (NCDR) is appropriate
If appropriate – court may postpone for the parties to get information or attempt NCDR. If
the court feels an exemption wasn’t validly claimed, they can direct attendance at MIAM.
Court may make such an order with or without hearing representations from the parties –
FPR 4.3(2)-(6)
Allocation & Gatekeeping
o Gatekeeping judge will consider any application within 1 day of receipt
o Allocation should be in accordance with principles in Family Court (Composition &
Distribution of Business) Rules 2014 & President’s Guidance on Allocation & Gatekeeping
o Magistrates will deal with a matter unless there’s a particular feature which Circuit Judge
needs to deal with
o Gatekeeper may give directions on issues i.e. if MIAM not attended
- Apply on Form C100 (includes FM1 form) for S8 Orders & C1 for other applications i.e. PR
(attach the MF1 Form)
- FM1 (MIAM) form & C100 have been merged into 1 form as all applicants required to attend
MIAM
- C1 & C2 applications need FM1 attached then submit
Child Arrangements Programme
Overriding objective FPR 1.1 – cases to be dealt with expeditiously & fairly, proportionate,
cost effectively and child’s welfare safeguarded (via Dispute Resolution at a First Hearing -
FHDRA, effective court control & flexible facilitation/referral’s)
Safeguarding enquiries – PD12B 13.1
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