The Family Proceedings Fees Order 2004

Explanatory Note

(This note is not part of the Order)

This Order replaces the Family Proceedings Fees Order 1999 (S.I. 1999/690) and specifies the fees payable for family proceedings in the High Court and in county courts. Some of the fees have increased.

The table below sets out the fee changes and indicates where the fee number has changed.

Number and summary of new fee (for full description see Schedule 1)	Amount of new fee	Amount of old fee	Number of old fee
Section 1. Fees to be taken in the High Court and in the county courts
1 Commencement
1.1 Filing originating proceedings	£130	£130	No change
1.2 Presenting any petition	£210	£180	No change
1.3 Applying for a non-molestation/occupation order	£60	£60	No change
1.4 Amending a petition	£50	£50	No change
1.5 Filing an answer to a petition or a cross-petition	£150	£100	No change
1.6 Application for an order under Part III of the Solicitors Act 1974	£30	£30	No change
2 Proceedings under the Children Act 1989
On filing an application or requesting leave—
2.1 Parental responsibility, guardians, section 8 orders etc
(a) section 4(1)(c) or (3), 5(1), 10(1) or (2)	£120	£90	No change
(b) section 6(7) or 13(1)	£120	£90	No change
2.2 Financial provision for children
(a) paragraph 1(1), 2(1), 6(5) or 14(1) of Schedule 1	£120	£90	No change
(b) paragraph 1(4), 2(5), 5(6), 6(7), 6(8), 8(2), 10(2) or 11 of Schedule 1	£120	£90	No change
2.3 Secure accommodation
(a) section 25	£150	£90	No change
2.4 Care, supervision etc
(a) section 31	£150	£90	No change
(b) section 33(7), 38(8)(b), 39(1), (2), (3), or (4) or paragraph (6) of Schedule 3	£150	£90	No change
(c) paragraph 11(3) of Schedule 14 where the order subject to the application relates to—			2.4(b)
(i) fees 2.1 or 2.2	£120	£90
(ii) fees 2.3 to 2.10	£150	£90
2.5 Contact with child in care
(a) section 34(2), (3), (4) or (9)	£150	£90	No change
2.6 Placement abroad
(a) paragraph 19(1) of Schedule 2	£150	£90	No change
2.7 Education supervision
(a) section 36(1)	£150	£90	No change
(b) paragraph 15(2) or 17(1) of Schedule 3	£150	£90	No change
2.8 Child assessment order
(a) section 43(1)	£150	£90	No change
2.9 Emergency protection
(a) section 43(12)	£150	£90	No change
(b) section 44, 45, 46 or 48	£150	£90	No change
2.10 Recovery of children
(a) section 50	£150	£90	No change
2.11 Miscellaneous
(a) section 102	£150	£90	No change
2.12 Appeals
(a) on commencing an appeal under section 94 of the Children Act 1989 relating to provisions to which the following fees apply—			2.12
(i) fees 2.1 or 2.2	£120	£90
(ii) fees 2.3 to 2.10	£150	£90
(b) on commencing an appeal under paragraph 23(11) of Schedule 2 to the Children Act 1989	£150	£90	2.12
2.13 Interim care/supervision orders
(a) applying for interim care/supervision orders	£30	£30	No change
3 Adoption and wardship applications
3.1 Commencing proceedings under the Adoption Act 1976	£140	£120	No change
3.2 Commencing proceedings under section 21 of the Adoption Act 1976	£140	£120	No change
3.3 Applying for the exercise of High Court jurisdiction to children	£140	£120	No change
4 Applications in proceedings
4.1 Application for an order without notice or with consent	£30	£30	No change
4.2 Request for directions for trial	£30	£30	No change
4.3 Application on notice	£80	£60	No change
4.4 Application for ancillary relief	£210	£120	No change
5 Appeal from a district judge
5.1 Appeal from a district judge to a judge	£80	£80	No change
6 Searches
6.1 Search in the central index of decrees absolute at Principal Registry	£20	£20	No change
6.2 Search in the central index of parental responsibility agreements at Principal Registry	£20	£20	No change
6.3 Search in the index of decrees absolute at any divorce county court	£5	£5	No change
7 Copy documents
7.1 (a) Copy of first page of a document	£1	£1	No change
7.1 (b) Copy per page for subsequent pages	20p	20p	No change
7.2 Copy per page of a document supplied by the party requesting the copy	20p	20p	No change
7.3 Copy document in electronic form	£3	£3	No change
8 Determination of costs
8.1 Request for detailed assessment where party is legally aided or otherwise funded	£100	£100	No change
8.2 Request for detailed assessment hearing where fee 8.1 does not apply or request for hearing date assessment under Part III Solicitors Act 1974	£250	£160	No change
8.3 Request for default costs certificate to be issued	£40	£40	No change
8.4 Appeal against decision made in detailed assessment proceedings	£100	£100	No change
8.5 Application for court approval of certificate of costs	£30	£30	No change
8.6 Application to set aside a default costs certificate	£60	£60	No change
9 Registration of maintenance orders
9.1 Application to register maintenance order	£30	£30	No change
9.2 Application to send maintenance order abroad for reciprocal enforcement	£30	£30	No change
Section 2. Fees to be taken in the county courts only
10 Service
10.1 Request for service by bailiff	£30	£20	11.1
11 Enforcement in the county courts
11.1(a) Enforcement by issue of warrant of execution up to £125	£30	£30	12.1(a)
11.1(b) Enforcement by issue of warrant of execution over £125	£50	£50	12.1(b)
11.2 Further attempt at execution of warrant	£20	£20	12.2
11.3 Application for oral examination	£40	£40	12.3
11.4 Application for garnishee order or charging order or appointment of receiver	£50	£50	12.4
11.5 Application for a judgment summons	£90	£90	12.5
11.6 Issue of warrant of possession or delivery	£90	£90	12.6
11.7 Application for attachment of earnings order	£60	£60	12.7
12 Sale
12.1 Removing or taking steps to remove goods	Reasonable expenses	Reasonable expenses	13.1
12.2 Advertising a sale by public auction	Reasonable expenses	Reasonable expenses	13.2
12.3 Appraisement of goods	5p in the £1 or part of a £1 of the appraised value	5p in the £1 or part of a £1 of the appraised value	13.3
12.4 For the sale of goods	15p in the £1 or part of a £1 on the amount realised by the sale or such sum as the district judge considers justified	15p in the £1 or part of a £1 on the amount realised by the sale or such sum as the district judge considers justified	13.4
12.5 Stop sale fee	10p in the £1 or part of a £1 on appraised value or such other sum as the district judge considers justified plus any sum payable under fee 12.1, 12.2 or 12.3	10p in the £1 or part of a £1 on appraised value or such other sum as the district judge considers justified plus any sum payable under fee 13.1, 13.2 or 13.3	13.5
Section 3. Fees to be taken in the High Court only
13 Enforcement in the High Court
13.1 Sealing a writ of execution/possession/delivery	£30	£30	14.1
13.2 Application for oral examination	£40	£40	14.2
13.3 Application for garnishee order or charging order or appointment of a receiver	£50	£50	14.3
13.4 Application for a judgment summons	£90	£90	14.4
13.5 Application to register judgment or order, or for leave to enforce an arbitration award, or for certified copy of a judgment or order	£30	£30	14.5
14 Affidavits
14.1 On taking an affidavit or affirmation/attestation	£5	£5	15.1
14.2 For each exhibit referred to in an affidavit	£2	£2	15.2

A Regulatory Impact Assessment of the costs and benefits of this Order (and other Orders relating to court fees) was placed in the Libraries of both Houses of Parliament, and is available on the Court Service’s website at www.courtservice.gov.uk/cms/usingthecourts.htm.