FAQs

 Costs vary by mediator, but it is significantly cheaper than a court battle. Ask for a clear breakdown of the cost per session, the MIAM fee, and any charges for drafting the final documents (MOU/OFS). 

 Yes, it is available for mediation services if you are on a low income or certain benefits. If one person is eligible for Legal Aid, their entire mediation is free, and the MIAM and first session are also free for the non-eligible party. 

 No, the agreement reached in mediation (documented in the Memorandum of Understanding and Open Financial Statement) is not legally binding on its own. You must take these documents to an independent solicitor to be drafted into a formal Consent Order, which is then approved by the court to make it legally binding. 

 This is a government-funded scheme that provides a contribution of up to £500towards the cost of mediation for disputes concerning arrangements for children 

 No, the agreement reached in mediation (documented in the Memorandum of Understanding and Open Financial Statement) is not legally binding on its own. You must take these documents to an independent solicitor to be drafted into a formal Consent Order, which is then approved by the court to make it legally binding. 

 For financial mediation, you must provide full financial disclosure, including proof of income, assets, debts, and pensions. Your mediator will tell you exactly what is required. 

These questions help clarify what the mediator will and will not do.

  No, the mediator is a neutral facilitator and cannot give either person legal advice or tell you what is "fair." They will, however, provide legal information to help you make informed decisions. 

 It is highly recommended to have a solicitor for independent legal advice alongsidethe mediation process, especially for complex financial matters. The solicitor can advise you on the fairness of any proposals you agree upon. 

Yes. A mediator's core role is to remain neutral   and impartial. They do not take sides, give opinions, or make judgments. They   are there to ensure both parties are heard and negotiate effectively.

 No, the agreement reached in mediation (documented in the Memorandum of Understanding and Open Financial Statement) is not legally binding on its own. You must take these documents to an independent solicitor to be drafted into a formal Consent Order, which is then approved by the court to make it legally binding. 

 Yes, through Child-Inclusive Mediation (CIM). With the agreement of both parents, a specially trained mediator can meet with the children   (usually aged 10 and over) to hear their views and feelings, which are then relayed to the parents for consideration. 

When selecting a service, don't be afraid to ask direct questions about their credentials and experience:

• Are you accredited by the Family Mediation Council (FMC)?
• How  many mediations do you conduct each year?
• Do you offer Legal Aid?
• Do you have experience in cases similar to mine (e.g., complex pensions,      multiple properties, international children arrangements)?

The divorce process in Amity Mediation Services involves filing a petition for divorce, serving your spouse with the petition, and attending court hearings to resolve any disputes regarding child custody, support, and property division.

The divorce process in Amity Mediation Services involves filing a petition for divorce, serving your spouse with the petition, and attending court hearings to resolve any disputes regarding child custody, support, and property division.

Child custody in Amity Mediation Services is determined based on the best interests of the child, taking into account factors such as the child's relationship with each parent, each parent's ability to care for the child, and the child's preference if they are old enough to express it.

Legal separation in Amity Mediation Services is a court order that outlines the rights and responsibilities of each spouse while they are living apart. It does not officially end the marriage, but it can be a good option for couples who are not ready to divorce but want to live separately. Divorce, on the other hand, officially ends the marriage and allows each spouse to remarry if they choose to do so.

 Yes, in most cases, you must attend a Mediation Information and Assessment Meeting (MIAM) before you can apply to a UK family court for child arrangements or financial disputes, unless you have a valid exemption (e.g., allegations of domestic abuse). 

 If you refuse family mediation without good reason, you risk significant financial penalties from the court, which may order you to pay some or all of your ex-partner's legal costs. Your refusal can also negatively affect the court's perception of your willingness to cooperate. 

 You are not forced to attend mediation, as it is voluntary, but you are legally required to attend a MIAM before most court applications. 

 Yes, refusing to mediate without a good reason can reflect badly on you, potentially leading to financial penalties and negative perceptions from a court. 

 Yes, you can mediate even if court proceedings have already started in the UK. Courts actively encourage Alternative Dispute Resolution (ADR) at any stage. 

The process typically involves: 1) The MIAM; 2) Joint Discussion/Exploration of the issues; 3) Negotiation to generate options; and 4) Closure, where a written agreement (Memorandum of Understanding) is drafted. 

Joint mediation sessions typically last between 90 minutes and 2 hours. The initial MIAM usually lasts for 45 minutes to 1 hour. 

 No, mediation is not legally binding on its own, but the agreements reached can be made legally binding by turning them into a formal Consent Order(a court order). 

 A consent order is a legally binding document approved and sealed by the court, formalizing an agreement on financial division and/or child arrangements in divorce/separation. 

 No, but it can be free if you qualify for Legal Aid. There is also a £500 voucher scheme for family mediation related to child arrangements. 

 A MIAM typically costs around £120 per person. If you are eligible for legal aid, the MIAM will be free. 

Subsequent joint mediation sessions can cost approximately £130–£170 per person, per hour, with the total cost depending on the number of sessions and the complexity of the case. Amity Mediation offers Mediation services at below market average costs of £120 per person per hour. 

 You can qualify if you are on a low income or receive certain benefits, have low savings, and are involved in a case that falls within the scope of Legal Aid. 

The Family Mediation Voucher Scheme provides up to £500 towards the cost of family mediation to resolve disputes about children. It is not means-tested. 

The voucher covers up to £500 of the cost of joint family mediation sessions, but it does not cover the initial MIAM. 

 PR is the legal set of rights, duties, and authority a parent has over their child's upbringing, including making decisions about their education, health, and welfare. 

 You can get PR through a Parental Responsibility Agreement (if both parents consent) or by applying for a court order if there is disagreement. Unmarried fathers gain PR by being named on the child's birth certificate. 

 Yes, a father who is married to the mother automatically has PR. An unmarried father gains PR if he is named on the child's birth certificate. 

Yes, if the parents are unmarried, the mother can refuse to include the father on the birth certificate. The father can then take legal action by applying to the court for a Declaration of Parentage to prove paternity and have his name added. 

 Yes, an unmarried mother can register a child's birth without the father's details, and his name will not be included unless he is added later by agreement or court order. 

 Yes, although it is rare and usually involves a court order in exceptional circumstances such as abuse, neglect, or being a danger to the child. PR is also lost if the child is adopted. 

 You must first try mediation. If that fails, apply for a Child Arrangements Order (using the C100 form) to the family court. The court's priority is the child's welfare. 

A C100 form is used to apply to the family court for a court order regarding arrangements for a child, such as where they live or how much time they spend with each parent.  

 No, your ex cannot legally stop you from seeing your child unless a court orderstates otherwise, which would only happen if continued contact were deemed detrimental to the child's welfare. 

 A residency order (formerly known as a custody order) is now called a Child Arrangements Order in the UK, which legally determines where a child lives and how much time they spend with each parent. 

No, a parent cannot change a child's name without the permission of everyone with parental responsibility or a court order. 

 No, one parent generally cannot move a child's school without the permission of the other parent if they both have parental responsibility, as education is considered an important decision. 

 You generally need written permission from everyone with parental responsibility to take a child on holiday abroad. If you have a Child Arrangements Order stating the child "lives with you," you can take them on holiday for up to 28 days without permission, unless the order says otherwise. 

 You should seek legal advice immediately and apply to the court for a Child Arrangements Order and potentially a Prohibited Steps Order. The police will usually not intervene unless there is a court order in place or a high risk of danger. 

 This is a court order that prevents someone with PR from taking a specific action concerning a child without the court's consent (e.g., preventing a child from being moved or taken on holiday). 

 In most cases, both parents with parental responsibility must consent for a child under 16 to get a passport. 

 No, family courts use a gender-neutral approach based entirely on the child's best interests. They assume both parents are equally capable and do not automatically favour mothers. 

The primary carer is the individual who provides the majority of day-to-day carefor a child (feeding, school runs, daily needs). While they handle the daily tasks, major decisions are still shared by everyone with parental responsibility. 

No, grandparents do not have an automatic legal right to see their grandchildren. They must seek an informal agreement or apply for a court order, focusing on the benefit the contact would have for the child. 

 50/50 shared care is becoming more common, but arrangements where responsibility is shared but physical time is not equal are still the most frequent. Equal 50/50 arrangements depend on the parents' ability to cooperate and the children's best interests. 

 Courts prioritize the child's best interests, considering their wishes, needs (physical, emotional, educational), the parents' ability to co-parent constructively, and practical factors like the proximity of homes. 

 A child's ability to refuse contact depends on their age. Their wishes are considered at any age, but their influence increases with maturity. A child aged 16 and over can legally decide which parent to live with. 

Stay calm, try to understand their reasons, and seek professional help like a mediator or child therapist to facilitate communication and address the underlying issues. 

Parental alienation refers to a situation where one parent's actions lead a child to have unjustified hostility or rejection towards the other parent, often through psychological manipulation. Family courts now focus on the term alienating behaviours. 

No, it is not a crime, but it is considered a form of emotional abusewith serious legal consequences in family court, potentially leading to a change in Child Arrangements Orders. 

 Try to resolve the issue through a Parenting Plan or mediation. If that fails, you can apply for a Child Arrangements Order through the family court to formalise contact. 

No, your ex cannot legally stop you from seeing your children just because you have a new partner unless they can prove to a court that your new partner poses a risk to the children's welfare. 

Child maintenance is regular financial support paid by the parent who doesn't live with the child to the parent who provides the child's main day-to-day care. It is required for children under 16 (or under 20 if in approved education/training). 

 It primarily covers a child's everyday living costs, including food, clothing, and housing. Parents must make separate arrangements for larger expenses like private school or extracurricular activities. 

You can arrange payments privately (called a "family-based arrangement") or apply for the Child Maintenance Service (CMS) to make a formal calculation and arrangement for you. Use the "Get help arranging child maintenance" tool on the GOV.UK website. 

Yes, you can mediate if safe to do so. A mediator must assess the case for suitability at the MIAM. If mediation is deemed unsafe, inappropriate, or ineffective, you will be exempt from the MIAM requirement and can go straight to court. You can also use Shuttle Mediation where you and your ex-partner are kept in separate rooms. 

 A non-molestation order is a court order that protects a person from harassment, threats, and violence from someone they are associated with. Breaching this order can lead to immediate police action and arrest. 

It is still possible to mediate if a Non-Molestation order is in place providing both parties wish to do so .  This can still be a less stressful alternative to court.

Shuttle mediation is where the parties are in separate rooms, and the mediator moves back and forth between them to relay messages, useful when direct communication is difficult due to high conflict. 

 First, try to reach an agreement through mediation. Then, formalize the agreement using a Consent Order to make it legally binding. If you cannot agree, you must apply to the court for a financial order. 

  Courts prioritize the welfare of any children first. They then consider the financial needs of both parties, their resources, and the duration of the marriage, aiming for a fair outcome. 

 Yes, pensions are considered a marital asset and must be included in financial settlements, often through a pension sharing order or pension offsetting to achieve a fair division. 

 No, an inheritance is generally considered a non-matrimonial asset, but it can be included in the settlement if it has been "mingled"with marital assets or if it is needed to meet the other party's financial needs. 

 There is no single answer. The court will prioritize the needs of any children. Options include selling the house, one spouse buying the other out, or using a Mesher order to delay the sale for a set period (usually until the youngest child leaves school). 

 You must first agree on a settlement, have a solicitor draft the order, and then submit it to the court with a Statement of Information (Form D81) and a Notice of Application (Form A).