Do You Need Mediation Before Custody Court in Wales?

Yes — with limited exceptions. Before you can file a C100 application for a Child Arrangements Order in Wales, you must attend a Mediation Information and Assessment Meeting (MIAM) with an accredited family mediator. This is a legal requirement under the Children and Families Act 2014, and the court will reject your application if you don't include a signed FM1 certificate from the mediator (or evidence of a valid exemption).

The requirement was strengthened in April 2024, tightening exemptions and giving judges more power to direct parents toward non-court resolution even after proceedings have started.

What Is a MIAM?

A MIAM is an individual meeting — you attend alone, not with the other parent — lasting about 45 minutes. The mediator explains what mediation involves, assesses whether your case is suitable for it, and discusses alternative dispute resolution options.

If the mediator determines mediation is appropriate and both parents are willing, joint mediation sessions begin. If mediation isn't appropriate — or the other parent refuses to participate — the mediator signs the FM1 certificate that allows you to proceed to court.

The MIAM itself typically costs £120-£150. This is separate from the cost of any subsequent mediation sessions. If you qualify for Legal Aid, the MIAM is free.

The April 2024 Rule Changes

Amendments to the Family Procedure Rules in April 2024 significantly toughened the mediation requirements:

Broader scope. Non-Court Dispute Resolution (NCDR) was officially expanded beyond mediation to include arbitration, evaluation by a neutral third party, and collaborative law. The court can now direct parents toward any of these options, not just mediation.

Harder to refuse. Under the updated rules, courts can require both parties to file a formal document explaining their position on using NCDR. You can no longer simply say "no" without giving a reason the judge accepts.

Tighter exemptions. The exemption for an "uncontactable" respondent was removed because MIAMs can be conducted online. The "financial hardship" exemption was replaced with a stricter standard of "significant financial hardship."

Cost consequences. Judges can now order a parent who unreasonably refuses to engage in mediation or NCDR to pay some or all of the other parent's legal costs. Family courts historically didn't make costs orders in children's cases — this is a significant shift.

Mid-case adjournments. If a court discovers during proceedings that a previously claimed MIAM exemption no longer applies, it can adjourn the case and direct both parents to attend a MIAM or try NCDR before continuing.

When You're Exempt from the MIAM

Valid exemptions include:

• Domestic abuse — documented evidence such as a police report, non-molestation order, MARAC referral, or letter from a refuge
• Child protection — the local authority is investigating or has an active child protection plan
• Urgency — there's a risk of harm to the child that requires immediate court intervention (e.g., a parent is about to remove the child from the country)
• The respondent is in prison or subject to a bail condition that prevents contact
• Previous MIAM — you attended a MIAM in the last four months and no mediator was willing to take the case forward

If you're claiming an exemption, attach the supporting evidence to your C100. The judge will scrutinise MIAM exemption claims — a vague assertion that mediation "wouldn't work" isn't sufficient.

The £500 Family Mediation Voucher Scheme

The Ministry of Justice extended the Family Mediation Voucher Scheme for 2026-2027. It provides up to £500 toward the cost of joint mediation sessions for eligible cases involving children.

Key details:

• The voucher covers joint mediation sessions only — not the initial individual MIAM fee
• It's administered by Opia Ltd on behalf of the Ministry of Justice
• You apply through an accredited mediator who is registered with the scheme
• The £500 contribution applies per case, not per session
• Both parents must agree to participate in mediation for the voucher to be used

A typical mediation session costs £100-£200 per person, so the £500 voucher can cover two to three joint sessions — often enough to reach agreement on a parenting plan without going to court.

Why Mediation Matters in the Welsh Pathfinder System

In the Welsh Pathfinder court model, cases that reach court are investigated comprehensively from the outset. Cafcass Cymru conducts multi-agency checks and produces a Child Impact Report within six weeks. This front-loaded process means cases move quickly — but it also means the court system is resource-intensive.

Judges in Pathfinder courts actively encourage mediated agreements because they recognise that parents who reach their own arrangements tend to sustain them better than parents who have arrangements imposed by a court order. If you reach agreement through mediation, you can convert it into a legally binding consent order for a £60 court fee — far less than the £263 filing fee for contested proceedings.

The Wales Child Custody & Parenting Plan Guide includes a MIAM preparation checklist and mediation session guide, plus instructions for converting a mediated agreement into a consent order through the Welsh court system.

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