The Family Proceedings Fees (Amendment) Order 2008

Amendment of the Family Proceedings Fees Order 2008

6.  After fee 2.2 —

(1) delete —

(a) the notes that apply to fee 2.2 only,

(b) the notes that apply to fees 2.1 and 2.2; and

(2) insert —

“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, or require two or more different numbered forms, 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 on 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, who are siblings or children of the family, at the same time, only one fee is payable in respect of each numbered fee. 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to a hearing that is cancelled, for example, because a final order is made at earlier hearing, the application is withdrawn, or the hearing is no longer needed, the fee will be refunded.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.”