Our Nottingham Family Team answer some of the most frequently asked questions when dealing with new enquiries.
Children Matter
Question 1: What is a MIAM?
A MIAM is a Mediation Information Assessment Meeting and was introduced in 2014. This is a compulsory step before an application can be made to Court unless an exemption applies. It is a pre-meeting between you and a mediator. They will tell you more about what mediation is and explore ways to find a solution to any disputes. They give you the opportunity to tell them what the issues are, and they will determine if mediation is suitable for you or not.
The law changed in April 2024 and has limited the exemptions making it harder to avoid the requirement of attending a MIAM. The Court also now has the power to adjourn proceedings to allow the parties to partake in a MIAM before they will consider the application.
Parties may be eligible for a Family Mediation Voucher Scheme to fund Mediation.
Question 2: What is Parental Responsibility?
Parental Responsibility is defined as all rights, duties, powers, responsibilities, and authority which by law a parent of a child has in relation to the child.
This means that parents with parental responsibility should be involved in making decisions about where the children should go to school, medical treatment, who they spend time with and where they should reside. Any major decision affecting the children should be made by all people with parental responsibility and not by one parent acting alone.
Question 3: Where should the children live if we separate or have separated?
There are no set rules in determining the answer to this and each case will vary depending on the specific facts of a case. Parents are always encouraged to come to an agreement in respect of where the children should live and how much time the children spend with the other parent. Where possible, this should ensure the least disruption to their lives to manage the children’s emotional welfare.
If an agreement cannot be reached an application to the Court may be required. If the Court needs to determine this issue, they will consider the ‘Welfare Checklist’. This is a set of factors the Court will apply to each case based on the individual set of facts. The Court will consider the current arrangements for the children and what is in the children’s best interests.
It should be noted by parents that the Court starts with the presumption that it is in the best interests of the children to spend time with both parents if it is safe for them to do so.
Question 4: What to do if I have safeguarding concerns?
A safeguarding concern is a concern you have for a child in the care of someone else. The concerns could include, drug and alcohol misuse, mental health concerns, domestic abuse, child abduction and any other welfare concerns.
If you are worried about the children being in the care of the other parent, then you need to report these concerns as soon as possible. In the first instance you can report this to the children’s school, Social Care and in some circumstances the Police. Keep a written record of any concerns you have identified. You can exercise your parental rights by stopping contact.
If you believe you need to take this step, contact a Solicitor to discuss your options. Your concerns may need to be resolved by commencing Court proceedings to determine the contact arrangements.
Question 5: What can I do if the Court Order has been breached?
When one party breaches a Court Order there are several options. In the first instance parents should try and discuss the issues to consider how this is affecting the children. You can discuss these through Solicitor negotiation or Mediation. You could also make an application to the Court to Enforce the breach of the Order, or you can make an application to Vary the existing Court Order.
When the Court considers an application for Enforcement they will consider if the parent had a justifiable reason for breaching the Court Order. If the Court determines there was not a good reason to do so they could enforce, unpaid work, compensation, a fine or imprisonment. Contacting a Solicitor to discuss your options and what you could ask the Court to enforce is advisable.
We hope this answers some of your questions. If you would like to discuss the above in more detail or cannot see your question has been answered, please contact our office on 0115 955 9000 and one of our experienced Solicitors will be happy to help and provide you with specific advice on your matter.
Our specialist team is available to assist you across all five of our branches in Nottingham, Long-Eaton, Bingham, Stapleford, and Loughborough. We can offer assistance with through Legal Aid also should the criteria be met.
