The Family Proceedings Fees Order 2008

JurisdictionUK Non-devolved

2008 No. 1054 (L. 6)

Family Proceedings, England And Wales

Supreme Court Of England And Wales

County Courts, England And Wales

The Family Proceedings Fees Order 2008

Made 7th April 2008

Laid before Parliament 9th April 2008

Coming into force 1st May 2008

The Lord Chancellor, with the consent of the Treasury, makes the following Order in exercise of the power conferred by section 92 of the Courts Act 20031.

In accordance with section 92(5) and (6) of that Act the Lord Chancellor has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Family Proceedings Fees Order 2008 and shall come into force on 1st May 2008.

(2) In this Order—

(a)

(a) “LSC” means the Legal Services Commission established under section 1 of the Access to Justice Act 19992;

(b)

(b) expressions also used in the Family Proceedings Rules 19913have the same meaning as in those Rules.

Fees payable

Fees payable

S-2 The fees set out in column 2 of Schedule 1 are payable in...

2. The fees set out in column 2 of Schedule 1 are payable in family proceedings in the High Court and in county courts in respect of the items described in column 1 in accordance with and subject to the directions specified in that column.

S-3 Where by any convention entered into by Her Majesty with any...

3. Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings.

Remissions and part remissions
S-4 Remissions and part remissions

Remissions and part remissions

4. Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.

Revocations
S-5 Revocations

Revocations

5. The instruments listed in column 1 of the table in Schedule 3 (which have the references listed in column 2) are revoked.

Transitional provision
S-6 Transitional provision

Transitional provision

6. Fees 2.2(b) and (c) are not payable in respect of an issues resolution hearing, pre-hearing review or final hearing which has been listed on any day between 1st May 2008 and 14th May 2008 inclusive.

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

3rd April 2008

Steve McCabe

Claire Ward

Two of the Lords Commissioners of Her Majesty’s Treasury

7th April 2008

SCHEDULE 1

Article 2

Fees to be taken

Column 1

Number and description of fee

Column 2

Amount of fee

SECTION 1: FEES TO BE TAKEN IN THE HIGH COURT AND IN COUNTY COURTS

1 Commencement of proceedings

1.1 On filing originating proceedings where no other fee is specified.

£200

1.2 On presenting any petition, other than a second petition with permission granted under rule 2.6(4) or (4A) of the Family Proceedings Rules 19914.

£300

1.3 On applying for a non-molestation order or an occupation order (or both) under Part 4 of the Family Law Act 19965.

£60

1.4 On amending a petition or presenting a second or subsequent petition with permission granted under rule 2.6(4) or (4A) of the Family Proceedings Rules 1991.

£80

1.5 On filing an answer to a petition or a cross-petition.

£200

1.6 On applying for an order under Part 3 of the Solicitors Act 19746 for the assessment of costs payable to a solicitor by a client; or on the commencement of costs-only proceedings.

£30

2 Proceedings under the Children Act 19897

2.1 On an application for an order in form C1 (free-standing application) or form C2 (application in existing proceedings) or request for permission to apply for an order in form C2 under the following provisions of the Children Act 1989

(a) section 4(1)(c) or (3), 4A(1)(b) or (3) (parental responsibility) 8;

£175

(b) section 5(1) or 6(7) (guardians);

£175

(c) section 10(1) or (2) (section 8 orders);

£175

(d) section 13(1) (change of child’s surname or removal from jurisdiction while residence order in force);

£175

(e) section 14A(3) or (6)(a), 14C(3) or 14D(1) (special guardianship orders) 9;

£140

(f) section 25 (secure accommodation order);

£150

(g) section 33(7) (change of child’s surname or removal from jurisdiction while care order in force);

£150

(h) section 34(2), (3), (4) or (9) (contact with child in care);

£150

(i) section 36(1) (education supervision order);

£150

(j) section 39 (variation or discharge etc of care and supervision orders);

£150

(k) section 43(1) (child assessment order);

£150

(l) sections 44, 45 and 46 (emergency protection orders);

£150

(m) section 48 (warrant to assist person exercising powers under emergency protection order);

£150

(n) section 50 (recovery order);

£150

(o) section 102 (warrant to assist person exercising powers to search for children or inspect premises);

£150

(p) paragraph 1(1) or (4), 2(1) or (5), 5(6), 6(5), (7) or (8), 8(2), 10(2), 11 or 14(1) of Schedule 1 (financial provision for children);

£175

(q) paragraph 19(1) of Schedule 2 (approval of court for child in care of local authority to live abroad);

£150

(r) paragraph 6 of Schedule 3 (extension of supervision order);

£150

(s) paragraph 15(2) or 17(1) of Schedule 3 (extension or discharge of education supervision order).

£150

2.2 In relation to proceedings under section 31 of the Children Act 1989 (care and supervision orders)—

(a) on an application;

£2,225

(b) where an issues resolution hearing or pre-hearing review has been listed, at least 14 days before the day on which that hearing is listed;

£700

(c) where a final hearing has been listed, at least 14 days before the day on which the final hearing is listed.

£1900

Notes to fee 2.2 only

Where a final order is made at a case management conference, £500 of the amount paid under fee 2.2(a) will be refunded.

Where the court lists more than one issues resolution hearing or pre-hearing review, the fee is payable only once.

Where proceedings are consolidated with other proceedings, any fee which falls to be paid after the date on which the proceedings are consolidated is payable only once.

Where a fee is paid under fee 2.2(b) or (c) in relation to a hearing that is cancelled, for example, because a final order is made at earlier hearing, the application is withdrawn, or the hearing is no longer needed, the fee will be refunded. A refund will not be given if the hearing is adjourned to a later date or to a date to be fixed.

Notes to fees 2.1 and 2.2

Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.

Where an application is made, permission is sought or an appeal is commenced under or relating to provisions of the Children Act 1989 which are listed in two or more different numbered fees, only one fee is payable, and if those fees are different, only the highest fee is payable.

Where an application is made, permission is sought or an appeal is commenced under or relating to two or more provisions of the Children Act 1989 which are listed in the same numbered fee, that fee is payable only once.

Where the same application is made, permission is sought or an appeal is commenced in respect of two or more children at the same time, only one fee is payable in respect of each numbered fee.

2.3 On commencing an appeal under section 94 of the Children Act 1989 relating to proceedings to which the following fees apply—

(a) 2.1 (a) to (d) and (p);

£175

(b) 2.1 (e);

£140

(c) 2.1 (f) to (o), (q) to (s) and 2.2.

£150

2.4 On commencing an appeal under paragraph 23(11) of Schedule 2 to the Children Act 1989 (appeal against contribution order).

£150

3 Adoption and wardship applications

3.1 On applying or requesting permission to apply under any provision in Part 1 of the Adoption and Children Act 200210, other than an application under section 22 of that Act.

£140

When an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.

Where an application is made or permission is sought under or relating to two or more provisions of the Adoption and Children Act 2002 only one fee is payable.

Where the same application is made or permission is sought in respect of two or more children at the same time, only one fee is payable.

3.2 On applying under section 22 of the Adoption and Children Act 2002 (placement order).

£400

3.3 On applying for the exercise by the High Court of its inherent jurisdiction with respect to children.

£140

4 Applications in proceedings

4.1 On an application for an order without notice or by consent (including an application to make a decree nisi absolute or a conditional order final) except where separately listed in this schedule.

£40

4.2 On a request for directions for trial (other than in uncontested divorce or in dissolution proceedings, where no fee is payable).

£40

4.3 On an application on notice except where separately listed in this schedule.

£80

4.4 On an application on notice for ancillary relief, or on filing a notice of intention to proceed with an application for ancillary relief other than an application for an order by consent.

£210

5 Appeal from a district judge

5.1 On filing a notice of appeal from a district judge to a judge.

£100

6 Searches

6.1 On making a search in the central index of decrees absolute or of final orders kept at the Principal Registry of the Family Division for any specified period of ten calendar years or, if no such period is specified, for the ten most recent years, and, if appropriate, providing a certificate of...

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