Family Rule changes that came into force 28th April 2024

[NewcastleBrownAle]

I've just been made aware that there has been some rule changes to family court procedures. Namely that, if one party does not attend mediation or other non court dispute resolution options, then they can be compelled to pay for the other sides legal costs.

Imminent changes to Family Procedure Rules

Significant changes to Family Procedure Rules (FPR) will take effect on 29 April 2024. Lodders' Justin Creed explains what we know so far.

www.lodders.co.uk

Now, this might sound like good news, but notable is that "allegations of domestic abuse" would be exempt these changes, suggests to me that it will simply further encourage false allegations, so as to circumvent the penalties.

Surely, there should be a clause inserted that where false allegations are made, but are not proven, then the exemption should not apply.

 

[MagicJ]

This came off the back of a review last year.

There were representations made by a number of organisations including FNF which made a number of points including that some of the changes won't deliver what they intend.

 

[Ash]

Well spotted. I've read through it and it doesn't sound a lot different to now, except it'll be called Non-court dispute resolution instead of just mediation and sounds like other types of dispute resolution can be recommended at mediation.

The exemption for DA mentioned is simply exemption from mediation or dispute resolution and doesn't relate to costs.

The costs mentioned relates to Financial Proceedings, not children cases (ie if going through divorce and financial proceedings it sounds like you'd be penalised for not having a MIAM).

Courts already can order mediation to take place. But with the term non-court dispute resolution, I'm wondering if this is a move to cut the number of court hearings and scrapping court FHDRA's in favour of non court DRA's. After all, FHDRA is mainly to see if parents can reach agreement. On the other hand things can also be ordered at an FHDRA which couldn't be at a non court dispute resolution appointment. So my concern with that is that Dads could end up waiting longer for interim orders.

 

[AmIAStepMumNow]

Can someone explain what this means in laymen's terms?
My partner attended an initial MIAMS back in Feb - as he wanted to file a C100... his ex refused to even book the appointment despite saying she would do attend mediation...

His Ex then filed a Financial Order, so I assume she must have cited one of the exemption reasons to circumnavigate the need to do a MIAMS. Does an Ex have to provide evidence if claiming Dom Abuse?

 

[AmIAStepMumNow]

Correction:
Ex has attended a MIAM...
But my partner was never invited to partake in any mediation (he had already done a MIAM and Ex refused).
What is the MIAM process... Would my partner not normally be contacted and invited to join mediation after the initial assessment?

 

[Ash]

I wouldn’t worry about it - either part can go along to a MIAM and say they don’t want to mediate, for whatever reason. Or a mediator can say it’s not suitable for mediation.

If your partner had a MIAM for child arrangements in Feb he can ask that mediator to sign him off so he can apply for Child Arrangements on a C100. A mediation sign off lasts for four months. His ex clearly doesn’t want to mediate and is just doing the legal necessary thing by having a MIAM.