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UK Family Court·Insights for litigants in person
Family Court Reality (the gap) · 565

Assumption: "If I refuse to go to the MIAM, he cannot take me to court."

1 min read

This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.

What People Expect

Not attending a MIAM stops the other person from applying to court.

Court Reality

Nobody can force you to attend a MIAM. But your refusal does not stop the other person. Before applying to court, the applicant has to attend a MIAM unless an exemption applies, and since April 2024 the other person not attending is no longer an exemption. So he can attend alone and go on to apply. In financial cases the court starts from each side paying their own costs, but it must look at any failure, without good reason, to attend a MIAM. That can be a reason to make a costs order against the person who did not attend. It is one factor the judge weighs, not an automatic penalty.

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Skipping the MIAM does not stop a court application. It can affect costs.

If I refuse to go to the MIAM, he cannot take me to court.

Reality

Nobody can force you to attend a MIAM. But your refusal does not stop the other person.

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Published30 October 2026Last reviewed2 November 2026

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Please note: Nothing on this website constitutes legal advice and we are not liable for any reliance on the information provided. Family court rules and procedures can change, and whilst this was correct at the time of writing, circumstances may have changed since publication. For up-to-date guidance, please refer to Gov.uk or consult a qualified legal professional.

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