Explanatory note
(This note is not part of the Order)
This Order amends the Family Proceedings Fees Order 2004 (S.I. 2005/3114). The table below sets out where fees have been increased or new fees introduced.
Fees 1.2, 1.4, 4.1, 4.2, 6.1 and 6.3 have been extended to include applications for the dissolution or annulment of a civil partnership or for the legal separation of civil partners under the Civil Partnership Act 2004 (c. 33). Article 3(2)(b)(i) is also amended as a consequence of the implementation of the 2004 Act.
Fee 2.1(a) and (b) has been extended to include applications under section 4A (acquisition of parental responsibility by step-parent) of the Children Act 1989 (c. 41) and new fee 2.1(c) has been inserted setting out the fee for an application under the following sections of the Children Act—
section 14A and 14D (making, variation and discharge of a special guardianship order); and
section 14C (permission to cause child to be known by a new surname or remove him from the United Kingdom while a special guardianship order is in force).
Fee 3 has been amended to provide for applications under the Adoption and Children Act 2002 (c. 38) although the fee has not been increased. The Family Proceedings Fees Order 2004 will continue to apply, as if this Order had not been made, to applications under sections 20, 21, 27 and 29 of the Adoption Act 1976 (c. 36).
| Brief description of new fee | Amount of new fee | Amount 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 | £200 | £130 |
| 1.2 Presenting any petition | £300 | £210 |
| 1.4 Amending a petition | £80 | £50 |
| 1.5 Filing an answer to a petition or a cross-petition | £200 | £150 |
| 2 Proceedings under the Children Act 1989 | ||
| On filing an application or requesting permission— | ||
| 2.1 Parental responsibility, guardians, section 8 orders, special guardianship orders etc | ||
| (a) section 4(1)(c) or (3), 4A(1)(b) or (3), 5(1), 10(1) or (2) | £175 | £120 (in respect of applications under sections 4(1)(c) or (3), 5(1) and 10(1) or (2)) |
| (b) section 6(7) or 13(1) | £175 | £120 |
| (c) section 14A(3) or (6)(a), 14C(3) or 14D(1) | £140 | – |
| 2.2 Financial provision for children | ||
| (a) paragraph 1(1), 2(1), 6(5) or 14(1) of Schedule 1 | £175 | £120 |
| (b) paragraph 1(4), 2(5), 5(6), 6(7), 6(8), 8(2), 10(2) or 11 of Schedule 1 | £175 | £120 |
| 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— | ||
| (i) fees 2.1(a) or (b) or 2.2 | £175 | £120 |
| (ia) fee 2.1(c) | £140 | – |
| 3 Adoption and wardship applications | ||
| 3.1 On filing an application or requesting permission under Part 1 of the Adoption and Children Act 2002 | £140 | £140 (for equivalent application under Adoption Act 1976) |
| 3.2 Applying for the exercise of High Court jurisdiction to children | £140 | £140 |
| 4 Applications in proceedings | ||
| 4.1 Application for an order without notice or with consent | £40 | £30 |
| 4.2 Request for directions for trial | £40 | £30 |
| 5 Appeal from a district judge | ||
| 5.1 Appeal from a district judge to a judge | £100 | £80 |
| 6 Searches | ||
| 6.1 Search in the central index of decrees absolute or of final orders at Principal Registry | £25 | £20 |
| 6.2 Search in the central index of parental responsibility agreements at Principal Registry | £25 | £20 |
| 6.3 Search in the index of decrees absolute or of final orders at any designated county court | £10 | £5 |
| 8 Determination of costs | ||
| 8.1 Request for detailed assessment where party is legally aided or otherwise funded | £140 | £100 |
| 8.3 Request for default costs certificate to be issued | £60 | £40 |
| 9 Registration of maintenance orders | ||
| 9.1 Application to register maintenance order | £35 | £30 |
| 9.2 Application to send maintenance order abroad for reciprocal enforcement | £35 | £30 |
| Section 2. Fees to be taken in the county courts only | ||
| 11 Enforcement in the county courts | ||
| 11.1(a) Enforcement by issue of warrant of execution up to £125 | £35 | £30 |
| 11.1(b) Enforcement by issue of warrant of execution over £125 | £55 | £50 |
| 11.2 Further attempt at execution of warrant | £25 | £20 |
| 11.3 Application for oral examination | £45 | £40 |
| 11.4 Application for garnishee order, charging order, third party debt order or appointment of receiver | £55 | £50 |
| 11.5 Application for a judgment summons | £95 | £90 |
| 11.6 Issue of warrant of possession or delivery | £95 | £90 |
| 11.7 Application for attachment of earnings order | £65 | £60 |
An Initial Regulatory Impact Assessment of the costs and benefits of this Order was placed in the Libraries of both Houses of Parliament, and is available on the Department for Constitutional Affairs’s website at www.dca.gov.uk/consult/civilfam/civilfam.htm.