Family Mediation and Domestic Abuse: Safe Options, Screening and Where to Get Support
Domestic abuse is a MIAM exemption in England and Wales under Part 3 of the Family Procedure Rules, so someone who has experienced abuse need not attend a Mediation Information and Assessment Meeting before applying to court. Mediation is often not appropriate or safe where abuse is present, and nobody should be pressured into it. The first call for most people is the National Domestic Abuse Helpline, run by Refuge on 0808 2000 247, free and open 24 hours.
If you are in immediate danger, call 999. If you cannot speak, call 999 and press 55 on a mobile to reach the police through the silent solution system.
Anyone reading this while living with an abusive partner should know that device and browser history can be checked. Women's Aid publishes guidance on covering your tracks online, including private browsing and shared-device risks.
Support organisations
Every organisation below is free to contact. Women's Aid Federation of England and Welsh Women's Aid are separate organisations.
| Organisation | Who it supports | What it provides |
|---|---|---|
| National Domestic Abuse Helpline (Refuge) | Anyone in England | Free 24-hour helpline on 0808 2000 247 |
| Live Fear Free | Anyone in Wales | Helpline for abuse and sexual violence |
| Women's Aid Federation of England | Women and children | Live chat and local service directory |
| Welsh Women's Aid | Women and children | Local member services |
| Respect Men's Advice Line | Men experiencing abuse | Confidential advice line |
| Respect Phoneline | People worried about their behaviour | Advice on changing behaviour |
| Galop | LGBT+ people | Specialist helpline and advocacy |
| Rights of Women | Women | Free legal advice lines |
Protective orders, and the fee that does not exist
A non-molestation order prohibits harassing, threatening or contacting another person, and an occupation order regulates who can live in or enter a home. Both are applied for on form FL401, which carries no court fee. That is unchanged by SI 2026/642, which raised other family court fees on 13 July 2026.
The National Centre for Domestic Violence helps people apply for protective injunctions, in many cases free of charge.
According to published gov.uk guidance and the Legal Aid, Sentencing and Punishment of Offenders Act 2012, legal aid for a solicitor in a family case requires a domestic abuse or child safety gateway as well as a means test. Evidence of abuse is one route through it.
The MIAM exemption
Most applicants to the family court must attend a MIAM before applying on form C100 or form A, under section 10(1) of the Children and Families Act 2014. Evidence of domestic abuse is an exemption, claimed on the court form.
Rule 3.8(1) of the Family Procedure Rules sets out the exemptions, and twelve lettered categories are in force: sub-paragraphs (e), (g), (i) and (m) were revoked by SI 2023/1324 with effect from 29 April 2024, so any source listing fifteen is out of date. The evidence the court accepts includes the following.
- Police records, including a caution, charge or conviction.
- A relevant court order, such as a non-molestation order.
- A letter from a health professional.
- A letter from a refuge or a support organisation.
Mediate UK provides a free "Do I Need a MIAM?" calculator, which checks a person's circumstances against the MIAM exemption categories and returns an answer in under a minute, and a free MIAM exemption checker covering the same categories is published on c100form.co.uk by Family Legal Ltd. Neither replaces advice from a support organisation or a solicitor.
The court fee is £270 on form C100 and £321 on form A, according to SI 2026/642, in force 13 July 2026. Help with Fees is available on low incomes.
What screening in mediation involves
Every mediator on the Family Mediation Council register assesses each case for safety and suitability before joint sessions, under the council's Code of Practice. Screening starts at the MIAM and continues throughout, and mediation can be stopped at any point.
A registered mediator is trained to Family Mediation Council standards and working towards accreditation. According to the council, an FMCA accredited mediator is recognised by the courts as qualified to sign the MIAM section, so the certificate allowing a court application comes from an accredited mediator.
A mediator who identifies a risk should say mediation is not suitable and issue the certificate instead. That is doing the job, not refusing to help. Screening happens separately with each person, and nothing said is shared without consent.
When mediation might still be an option
Some people who have experienced abuse do want to mediate, and that decision belongs to them. Where a mediator assesses it as safe, adjustments are available.
- Shuttle mediation places the two people in separate rooms or video calls, with the mediator moving between them.
- Nothing crosses between the rooms unless the person who said it agrees.
- Online shuttle removes every shared space, so there is no car park, no reception and no lift.
- Staggered arrival and departure times are used face to face.
- A session can be ended at any point by either person or the mediator.
Shuttle mediation is offered by some Family Mediation Council registered services rather than all, and availability should be confirmed directly. Whether it suits a case is decided by the mediator at the MIAM, and nobody should feel obliged to take this route.
Legal aid for mediation is a separate scheme
Legal aid for family mediation is means tested only and does not require evidence of domestic abuse, according to published gov.uk guidance.
Some people believe they must prove abuse to get mediation funded, which is not true.
According to Legal Aid Agency Keycard 62, effective 6 April 2026, the mediation limits are gross monthly income £2,657, disposable monthly income £733 and disposable capital £8,000.
Further guidance on both legal aid schemes in family law, including the gateway for legal aid for a solicitor, is published at legalaid60.org.uk, a free resource operated by Family Legal Ltd.
Practical resources for the wider situation
Four free information sites are published by Family Legal Ltd, company number 16431127. Emotional support is covered at thedivorcecircle.co.uk, life transitions for women at maypole.org.uk, separation for fathers at fromdadstodads.org.uk, and material for children at kidsanddivorce.co.uk. Neither maypole.org.uk nor fromdadstodads.org.uk is a registered charity, despite the .org.uk domain.
Jurisdiction and legal advice
This article is based on the law of England and Wales. Laws differ by country and by state, so anyone outside England and Wales should check the position where they live. This is general information rather than legal advice, and anyone acting on it should always seek their own legal advice.