The Family Proceedings Fees Order 2008

Article 2

SCHEDULE 1 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 1991(1).	£300
1.3 On applying for a non-molestation order or an occupation order (or both) under Part 4 of the Family Law Act 1996(2).	£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 1974(3) 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 1989(4)
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) (5);	£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) (6);	£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 2002(7), 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 decree absolute or of final order, as the case may be	£40
6.2 On making a search in the central index of parental responsibility agreements kept at the Principal Registry of the Family Division in accordance with regulations made under section 4(2) of the Children Act 1989 and, if appropriate, providing a copy of the agreement.	£40
6.3 On making a search in the index of decrees absolute or of final orders kept at any designated county court or district registry for any specified period of ten calendar years or, if no period is specified, for the ten most recent years, and if appropriate, providing a certificate of decree absolute or of final order, as the case may be	£40
7 Copy documents
7.1 On a request for a copy of a document (other than where fee 7.2 applies)—
(a) for ten pages or less;	£5
(b) for each subsequent page.	50p
Fee 7.1 is payable where the copy document is sent by fax or where a person examines the copy document at the court office.
7.2 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy.	£5
8 Determination of costs
8.1 On filing a request for detailed assessment where the party filing the request is legally aided or is funded by the LSC and no other party is ordered to pay the costs of the proceedings.	£140
8.2 On filing a request for detailed assessment in any case where fee 8.1 does not apply; or on filing a request for a hearing date for the assessment of costs payable to a solicitor by a client pursuant to an order under Part 3 of the Solicitors Act 1974 where the amount of the costs claimed—
(a) does not exceed £15,000;	£300
(b) exceeds £15,000 but does not exceed £50,000;	£600
(c) exceeds £50,000 but does not exceed £100,000;	£900
(d) exceeds £100,000 but does not exceed £150,000;	£1,200
(e) exceeds £150,000 but does not exceed £200,000;	£1,500
(f) exceeds £200,000 but does not exceed £300,000;	£2,250
(g) exceeds £300,000 but does not exceed £500,000;	£3,750
(h) exceeds £500,000.	£5,000
Where there is a combined standard basis and legal aid, or a combined standard basis and LSC, or a combined standard basis, legal aid and LSC determination of costs, fee 8.2 will be attributed proportionately to the standard basis, legal aid, or LSC (as the case may be) portions of the bill on the basis of the amount allowed.
8.3 On a request for the issue of a default costs certificate.	£60
8.4 On commencing an appeal against a decision made in detailed assessment proceedings.	£100
8.5 On applying for the court’s approval of a certificate of costs payable from the Community Legal Service Fund(8).	£30
Fee 8.5 is payable at the time of applying for approval and is recoverable only against the Community Legal Service Fund.
8.6 On an application to set aside a default costs certificate.	£60
9 Registration of maintenance orders
9.1 On an application for a maintenance order to be registered under the Maintenance Orders Act 1950(9) or the Maintenance Orders Act 1958(10).	£35
9.2 On an application for a maintenance order to be sent abroad for enforcement under the Maintenance Orders (Reciprocal Enforcement) Act 1972(11).	£35
SECTION 2. FEES TO BE TAKEN IN A COUNTY COURT ONLY
10 Service
10.1 On a request for service by bailiff of any document except— (a) an order for a debtor to attend the adjourned hearing of a judgment summons; (b) an interpleader summons under an execution; (c) an order made under section 23 of the Attachment of Earnings Act 1971(12) (enforcement provisions); or (d) an order for a debtor to attend an adjourned oral examination of means.	£30
11 Enforcement in the county courts
11.1 On an application for or in relation to enforcement of a judgment or order of a county court or through a county court, by the issue of a warrant of execution against goods except a warrant to enforce payment of a fine—
(a) where the amount for which the warrant issues does not exceed £125;	£35
(b) where the amount for which the warrant issues exceeds £125.	£55
11.2 On a request for a further attempt at execution of a warrant at a new address where the warrant has been returned to the court not executed (except where the warrant has been returned after it has been suspended by the court).	£25
11.3 On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment.	£45
11.4 On an application for a garnishee order, a charging order or a third party debt order, or the appointment of a receiver by way of equitable execution.	£55
Fee 11.4 is payable in respect of each party against whom the fee order is sought.
11.5 On an application for a judgment summons.	£95
11.6 On the issue of a warrant of possession or a warrant of delivery.	£95
Where the recovery of a sum of money is sought in addition, no further fee is payable.
11.7 On an application for an attachment of earnings order to secure money due under an order made in family proceedings.	£65
Fee 11.7 is payable in respect of each defendant against whom an order is sought.
Fee 11.7 is not payable where the attachment of earnings order is made on the hearing of a judgment summons.
12 Sale
12.1 For removing or taking steps to remove goods to a place of deposit.	The reasonable expenses incurred
Fee 12.1 is to include the reasonable expenses of feeding and caring for animals.
12.2 For advertising a sale by public auction pursuant to section 97 of the County Courts Act 1984(13).	The reasonable expenses incurred
12.3 For the appraisement of goods.	5p in the £1 or part of a £1 of the appraised value
12.4 For the sale of goods (including advertisements, catalogues, sale and commission and delivery of goods).	15p in the £1 or part of a £1 on the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances
12.5 Where no sale takes place by reason of an execution being withdrawn, satisfied or stopped.	(a) 10p in the £1 or part of a £1 on the value of the goods seized, the value to be the appraised value where the goods have been appraised or such other sum as the district judge may consider to be justified in the circumstances; and in addition (b) any sum payable under fee 12.1, 12.2 or 12.3
SECTION 3: FEES TO BE TAKEN IN THE HIGH COURT ONLY
13 Enforcement in the High Court
13.1 On sealing a writ of execution/possession/delivery.	£30
Where the recovery of a sum of money is sought in addition to a writ of possession and delivery, no further fee is payable.
13.2 On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment.	£40
13.3 On an application for a garnishee order nisi or a charging order nisi, or the appointment of a receiver by way of equitable execution.	£50
Fee 13.3 is payable in respect of each party against whom the order is sought.
13.4 On an application for a judgment summons.	£90
13.5 On a request or application to register a judgment or order; or for permission to enforce an arbitration award; or for a certified copy of a judgment or order for use abroad.	£30
14 Affidavits
14.1 On taking an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration.	£10
14.2 For each exhibit referred to and required to be marked.	£2

(1)

S.I. 1991/1247, amended by S.I. 2005/2922; there are other amending instruments but none is relevant.

(2)

1996 c.27.

(3)

1974 c.47.

(4)

1989 c.41.

(5)

Section 4A was inserted by section 112 of the Adoption and Children Act 2002 (c.38) and was amended by section 75 of the Civil Partnership Act 2004 (c33).

(6)

Sections 14A, 14C and 14D were inserted by section 115 of the Adoption and Children Act 2002 (c.38).

(7)

2002 c.38.

(8)

Established under section 5 of the Access to Justice Act 1999 (c.22).

(9)

1950 c.37.

(10)

1958 c.39.

(11)

1972 c.18.

(12)

1971 c.32.

(13)

1984 c.28.