Explanatory note
(This note is not part of the Order)
This Order revokes the Family Proceedings Fees Order 1991 and replaces it by specifying new fees for family proceedings in the High Court and the county courts. In most cases the fees have been increased.
The table of comparison below shows the comparison between the old fees and the new fees. The table also shows where new fees have been introduced.
Table of Comparison
| Number and summary of new fee (for full description see Schedule 1) | Amount of new fee (for full details see Schedule 1) | Amount of old fee | Number of old fee | |
|---|---|---|---|---|
| Section 1. Fees to be taken in the High Court and in the county courts | ||||
| Commencement 1 1.1 Filing originating proceedings | £120 | £100 | 1(a) | |
1.2 Presenting any petition | £150 | £150 | 1(b) | |
1.3 Applying for non molestation order/occupation order | £40 | £30 | 1(c) | |
1.4 Amending a petition | £50 | £50 | 1(d) | |
1.5 Filing an answer to a petition or a cross petition | £100 | £100 | 1(e) | |
1.6 Application for order under Part III of Solicitors Act 1974 | £30 | New fee | New fee | |
| Proceedings under the Children Act 1989 2 On filing an application or requesting leave– | ||||
| Parental responsibility, guardians, section 8 orders etc. 2.1 (a) section 4(1)(a), or (3), 5(1), 10(1) or (2) | £80 | £50 | 2(1)(a) | |
| (b) section 6(7), or 13(1) | £80 | £50 | 2(1)(b) | |
| Financial provision for children 2.2 (a) paragraph 1(1), 2(1), 6(5) or 14(1) of Schedule 1 | £80 | £50 | 2(1)(c) | |
| (b) paragraph 1(4), 2(5), 5(6), 6(7), 6(8), 8(2), 10(2), or 11 of Schedule 1 | £80 | £50 | 2(1)(d) | |
| Secure accommodation 2.3 (a) Section 25 | £80 | £50 | 2(1)(e) | |
| Care, supervision, etc. 2.4 (a) section 31 | £80 | £50 | 2(1)(f) | |
| (b) section 33(7), 38(8)(b), 39(1), (2), (3) or (4), paragraph 6 of Schedule 3 or paragraph 11(3) of Schedule 14 | £80 | £50 | 2(1)(g) | |
| Contact with child in care 2.5 (a) section 34(2), (3), (4) or (9) | £80 | £50 | 2(1)(h) | |
| Placement abroad 2.6 (a) paragraph 19(1) of Schedule 2 | £80 | £50 | 2(1)(i) | |
| Education supervision 2.7 (a) section 36(1) | £80 | £50 | 2(1)(j) | |
| (b) paragraph 15(2) or 17(1) of Schedule 3 | £80 | £50 | 2(l)(k) | |
| Child Assessment order 2.8 (a) section 43(1) | £80 | £50 | 2(1)(l) | |
| Emergency protection 2.9 (a) section 43(12) | £80 | £50 | 2(1)(m) | |
| (b) section 44, 45, 46 or 48 | £80 | £50 | 2(l)(n) | |
| Recovery of Children 2.10 (a) section 50 | £80 | £50 | 2(1)(o) | |
| Miscellaneous 2.11 (a) section 102 | £80 | £50 | 2(1)(p) | |
| Appeals 2.12 (a) On commencing an appeal under section 94 of, or paragraph 23(11) of Schedule 2 to, the Children Act 1989 | £80 | £50 | 2(2) | |
| Interim care/supervision orders 2.13 (a) Applying for interim care/supervision orders | £30 | No specific fee | No specific fee | |
| Adoption and wardship applications 3 3.1 Commencing proceedings under the Adoption Act 1976 | £120 | £100 | 3(a) | |
3.2 Commencing proceedings under section 21 of Adoption Act 1976 | £120 | £100 | 3(b) | |
3.3 Applying for exercise of High Court jurisdiction to children | £120 | £100 | 3(c) | |
| Applications in proceedings 4 4.1 Application for an order, no notice given | £30 | £20 | 5(a)(c) | |
4.2 Request for directions for trial | £30 | £20 | 5(b) | |
4.3 Application on notice | £60 | £30 | 5(d) | |
| Appeal from a district judge 5 5.1 Appeal from a district judge to a judge | £80 | £50 | 6 | |
| Searches 6 6.1 Search in the central index of decrees absolute at Principal Registry | £20 | £20 | 7(a) | |
6.2 On making a search in the central index of parental responsibility | £20 | £20 | 7(b) | |
6.3 Search in the index of decrees absolute of a divorce county court | £5 | £5 | 7(c) | |
| Copies of documents 7 7.1 (a) Copy document per page for the first five pages | £1 | £1 | 8(a) | |
7.1 (b) Copy per page for subsequent pages | 25p | 25p | 8(b) | |
7.2 Copy document in electronic form | £3 | New fee | New fee | |
| Determination of costs 8 Old fees apply where documents filed pursuant to a court order made before this Order came into force. | ||||
8.1 Filing bill of costs/request for detailed assessment/detailed assessment hearing/request for hearing date for assessment under Part III Solicitors Act 1974 | £80 | scale fees (estimated average £286) | 9(a)(b) | |
8.2 Request for review of taxation or an appeal against taxation/detailed assessment | £50 | New fee | New fee | |
8.3 Application for court’s approval of a Legal Aid Taxation/Assessment Certificate | £20 | New fee | New fee | |
| Registration of maintenance orders 9 9.1 Application to register maintenance order for enforcement | £30 | £25 | 10(a) | |
9.2 Application to send maintenance order abroad for enforcement | £30 | £25 | 10(b) | |
| Insolvency Act 1986 10 10.1 On entering a bankruptcy petition (a) by debtor or personal representative of deceased debtor | £120 | New fee | New fee | |
| (b) by a creditor or other person | £150 | New fee | New fee | |
10.2 Any other petition | £150 | New fee | New fee | |
10.3 (a) Request for a certificate for discharge | £50 | New fee | New fee | |
10.3 (b) and after the first certificate, for each copy | £1 | New fee | New fee | |
| Section 2. Fees to be taken in the county courts only | ||||
| Service 11 11.1 On a request for service by bailiff | £10 | £10 | 11 | |
| Enforcement in the county courts 12 12.1 (a) County court execution up to £125 | £25 | £30 | 12(a) | |
12.1 (b) County Court execution over £125 | £45 | £30 | 12(a) | |
12.2 Further attempt at execution of warrant | £20 | New fee | New fee | |
12.3 Oral examination | £40 | £30 | 12(b) | |
12.4 Garnishee order or charging order | £50 | £50 | 12(c)(d) | |
12.5 Judgment summons | £80 | £50 | 12(e) | |
12.6 Warrant of possession or delivery | £80 | New fee | New fee | |
12.7 Attachment of earnings application | £50 | New fee | New fee | |
| Sale 13 13.1 Taking steps to remove goods | reasonable expenses | reasonable expenses | 13(a) | |
13.2 For advertising a sale by public auction | reasonable expenses | reasonable expenses | 13(b) | |
13.3 For the appraisement of goods | 5p in the £ | 5p in the £ | 13(c) | |
13.4 For the sale of goods | 15p in the £ | 15p in the £ | 13(d) | |
13.5 Stop sale fee | 10p in the £ and fees 13.1, 13.2 or 13.3 | Where goods appraised, 10p for every £1 Where goods not appraised, the reasonable expenses incurred | 13(e) | |
| Section 3. Fees to be taken in the High Court only | ||||
| Enforcement in the High Court 14 14.1 Sealing a writ of execution/possession/delivery | £20 | £20 | 16(a) | |
14.2 Oral examination | £40 | £35 | 16(b) | |
14.3 Garnishee order/charging order | £50 | £60 | 16(d) | |
14.4 Judgment summons | £80 | £25 | 16(c) | |
14.5 Application to register/enforce a judgment or order | £30 | £30 | 16(e) | |
| Affidavits 15 | 15.1 Taking an affidavit/affirmation or attestation | £5 | £5 | 19(a) |
15.2 For each exhibit referred to in an affidavit | £2 | £2 | 19(b) |