New Norfolk Family Court Practice Direction: What It Means for MIAMs and Access to Court

On 25 June 2026, the Family Court sitting within Norfolk issued a revised Local Practice Direction covering private law Children Act 1989 proceedings and Family Law Act 1996 injunctions. Approved by His Honour Judge North, Designated Family Judge for Norfolk, the guidance sets out how the court expects cases to be prepared, managed, and progressed locally.

For families in Norfolk considering their options after a separation, the Practice Direction is a useful reminder of where the family court sits in the wider picture, and why mediation is usually the first step, not an alternative to it.

What the Practice Direction covers

The document applies to all private law Children Act applications heard in Norfolk, including child arrangements orders, parental responsibility orders, and special guardianship orders, as well as non-molestation and occupation orders under the Family Law Act 1996. It sets local expectations around case management, fact-finding hearings, reports, and court bundles, all aimed at resolving cases fairly and without unnecessary delay.

It does not change national family law. It sits underneath the Family Procedure Rules and existing Practice Directions, and explains how Norfolk's courts will apply them in practice.

MIAMs come before court, not instead of it

The starting point has not changed: anyone applying for a child arrangements order, parental responsibility order, special guardianship order, or an order varying or discharging one, must attend a Mediation Information and Assessment Meeting, or MIAM, with an accredited mediator before issuing proceedings.

A MIAM is not a formality to get through. It is a meeting with a trained mediator to explain how mediation works, assess whether it is suitable for your situation, and set out the other non-court options available. For many families, it is also the first time anyone has properly explained what going to court would actually involve, and what the alternatives are.

When a MIAM isn't required

FPR Rule 3.8(1) sets out specific circumstances where the MIAM requirement does not apply, for example where there is evidence of domestic abuse, urgency, or a previous MIAM attendance within the last four months. The Practice Direction is clear that these exemptions have to be evidenced, and it is the court, not the applicant, that decides whether an exemption claimed is valid. If the court is not satisfied, it can direct the applicant to attend a MIAM and adjourn proceedings for this to happen.

In other words, claiming an exemption does not guarantee it will be accepted. Getting this right before issuing an application can save families real time and cost.

Domestic abuse is not a bar to mediation

One of the clearest points in the guidance is that domestic abuse does not automatically rule out a MIAM or mediation. Screening for domestic abuse is built into every MIAM. Rather than being used to exclude people from the process, that screening is there to assess whether mediation can proceed safely, and what safeguards might need to be in place if it does.

This matters, because it means the door to mediation stays open even in more sensitive cases, provided safety is properly assessed first.

Non-court dispute resolution doesn't stop at the MIAM

The Practice Direction also makes clear that engagement with non-court dispute resolution, known as NCDR, is expected throughout proceedings, not just before they start. NCDR includes mediation, collaborative law, and arbitration.

Before the first hearing, all parties must file an FM5 form setting out their position on NCDR and what, if anything, has already been tried. The court can require an updated FM5 before later hearings too. If a party has not engaged properly with NCDR, or is seen to have paid it lip service, the court can take that into account when deciding who pays the costs of proceedings.

What this means for families in Norfolk

For anyone in Norfolk weighing up whether to go to court over arrangements for their children, this Practice Direction reinforces a simple point: mediation is the expected first step for most cases, court is not the default, and the process is designed to keep dispute resolution options open at every stage, not just at the start.

Getting early, accredited advice, whether that leads to a MIAM, mediation, or eventually court, puts families in a stronger position to understand their options and avoid unnecessary delay or cost.

How Family Mediation Trust can help

Family Mediation Trust provides accredited MIAMs and mediation services across Norfolk, including for families where domestic abuse has been a factor and safe, supported mediation may still be possible. If you are considering your options, get in touch to find out whether mediation could work for your situation.

The full Norfolk Local Practice Direction (25 June 2026) is available to read here. 25 June 2026 Revised Norfolk Local Practice Direction for Private Law Children Act proceedings and FLA 1996 injunctions April 20.pdf