Court Fees and Financial Relief

Financial Relief

New D81 Forms Must Be Used

For many years a local form to accompany consent orders in Divorce Ancillary Relief has been used as an alternative to the official form.

Following the new FPR there is now a new official form D81 which is more comprehensive than the previous forms. All the FTDJ's take the view that only this form should now be accepted and not the old one".

Court Fees

Below are the new fees for the Family Proceedings Court and Magistrates Court to commence on 1st September 2010

The Family Proceedings Fees (Amendment) Order 2010 No.1916

Summary of changes

Fee increases in the Family Proceedings Fees Order 2008

Old fee number

Number and description of fee

Old fee

New fee

 

SECTION 1: FEES TO BE TAKEN IN THE HIGH COURT AND IN COUNTY COURTS

 

 

 

1 Commencement of proceedings

 

 

1.1

1.1 On filing originating proceedings where no other fee is specified.

£200

£230

1.2

1.2 On presenting any petition, including a petition for a declaration of parentage, divorce or dissolution of civil partnership,other than a second petition with permission granted under rule 2.6(4) or (4A) of the Family Proceedings Rules 1991.

£300

£340

1.3

1.3 On applying for a non-molestation order, an occupation order or a forced marriage protection order under Part 4 or Part 4A of the Family Law Act 1996 (or on applying for two or more of those orders).

£60

£70

1.4

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

£90

1.5

1.5 On filing an answer to a petition or a cross-petition.

£200

£230

 

2 Proceedings under the Children Act 1989

 

 

2.1

2.1 On an application for an order in form C1 or form C100 (free-standing application), form C79 (application related to enforcement of a contact order), form C2 (application in existing proceedings) or a request for permission to apply for an order in form C2 under the following provisions of the Children Act 1989—

 

 

(a)

(a) section 4(1)(c) or (3), 4A(1)(b) or (3) (parental responsibility);

£175

£200

(aa)

(b)  section 4ZA(1)(c) or (6) (parental responsibility);

£175

£200

(b)

(c) section 5(1) or 6(7) (guardians);

£175

£200

(c)

(d) section 10(1) or (2) (section 8 orders);

£175

£200

(ca)

(e) section 11J(2) (enforcement orders);

£175

£200

(cb)

(f) section 11O(2) (compensation for financial loss);

£175

£200

(d)

(g) section 13(1) (change of child’s surname or removal from jurisdiction while residence order in force);

£175

£200

(e)

(h) section 14A(3) or (6)(a), 14C(3) or 14D(1) (special guardianship orders);

£140

£160

(f)

(i) section 25 (secure accommodation order);

£150

£170

Old fee number


Number and description of fee

Old fee

New fee

(g)

(j) section 33(7) (change of child’s surname or removal from jurisdiction while care order in force);

£150

£170

(h)

(k) section 34(2), (3), (4) or (9) (contact with child in care);

£150

£170

(i)

(l) section 36(1) (education supervision order);

£150

£170

(j)

(m) section 39 (variation or discharge etc of care and supervision orders);

£150

£170

(k)

(n) section 43(1) (child assessment order);

£150

£170

(l)

(o) sections 44, 45 and 46 (emergency protection orders);

£150

£170

(m)

(p) section 48 (warrant to assist person exercising powers under emergency protection order);

£150

£170

(n)

(q) section 50 (recovery order);

£150

£170

(o)

(r) section 102 (warrant to assist person exercising powers to search for children or inspect premises);

£150

£170

(oa)

(s) paragraph 4(2), 6(2), 7(2) or 9(2) of Schedule A1 (applications in respect of enforcement orders);

£80

£90

(ob)

(t) paragraph 5(2) of Schedule A1 (amendment of enforcement order by reason of change of address);

£40

£45

(p)

(u) 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

£200

(q)

(v) paragraph 19(1) of Schedule 2 (approval of court for child in care of local authority to live abroad);

£150

£170

(r)

(w) paragraph 6 of Schedule 3 (extension of supervision order);

£150

£170

(s)

(x) paragraph 15(2) or 17(1) of Schedule 3 (extension or discharge of education supervision order).

£150

£170

2.3

2.3 On commencing an appeal under section 94 of the Children Act 1989 relating to proceedings to which the following fees apply—

 

 

(a)

(a) 2.1 (a) to (d) and (p);

£175

£200

(b)

(b) 2.1 (e);

£140

£160

(c)

(c) 2.1 (f) to (o), (q) to (s) and 2.2.

£150

£170

2.4

2.4 On commencing an appeal under paragraph 23(11) of Schedule 2 to the Children Act 1989 (appeal against contribution order).

£150

£170

 

3 Adoption and wardship applications

 

 

3.1

3.1 On applying or requesting permission to apply under any provision in Part 1 of the Adoption and Children Act 2002, other than an application under section 22 of that Act.

£140

£160

Old fee number


Number and description of fee

Old fee

New fee

3.3

3.3 On applying for the exercise by the High Court of its inherent jurisdiction with respect to children.

£140

£160

 

4 Applications in proceedings

 

 

4.1

4.1 On an application 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

£45

4.2

4.2 On a request for directions for trial (other than in uncontested divorce or in dissolution proceedings, where no fee is payable).

£40

£45

4.3

4.3 On an application on notice except where separately listed in this schedule.

£80

£90

4.4

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

£240

 

5 Appeal from a district judge

 

 

5.1

5.1 On filing a notice of appeal from a district judge to a judge.

£100

£115

 

9 Registration of maintenance orders

 

 

9.1

9.1 On an application for a maintenance order to be registered under the Maintenance Orders Act 1950 or the Maintenance Orders Act 1958.

£35

£40

9.2

9.2 On an application for a maintenance order to be sent abroad for enforcement under the Maintenance Orders (Reciprocal Enforcement) Act 1972.

£35

£40

 

11 Service

 

 

10.1

11.1 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 (enforcement provisions); or
(d) an order for a debtor to attend an adjourned oral examination of means.

£100

£105

Fee increases in the Magistrates’ Courts Fees Order 2008

 

Number and description of fee

Old fee

New fee

 

2 Appeals

 

 

2.2

2.2 Proceedings under the Child Support Act 1991 —
(a) On commencing an appeal under section 20;

 

£130

 

£150

 

(b) On commencing an appeal against a deduction from earnings order.

£80

£90

 

6 Financial Provision

 

 

6.1

6.1 Proceedings under the Domestic Proceedings and Magistrates’ Courts Act 1978 or Schedule 6 to the Civil Partnership Act 2004 on an application for an order for financial provision (other than an application to vary or revoke such an order, or an application for an order for financial provision made for the benefit of, or against, a person residing outside the United Kingdom).

£175

£200

 

7 Proceedings under the Family Law Act 1986

 

 

7.1

7.1 On an application for a declaration of parentage (each child).

£130

£150

 

8 Proceedings under the Children Act 1989

 

 

8.1

8.1 On an application for an order in form C1 or form C100 (free-standing application), form C79 (application related to enforcement of a contact order), form C2 (application in existing proceedings) or a 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) or 4A(1)(b) or (3) (parental responsibility);

£175

£200

 

(b) section 4ZA(1)(c) or (6) (parental responsibility);

£175

£200

 

(c) section 5(1) or 6(7) (guardians);

£175

£200

 

(d) section 10(1) or (2) (section 8 orders);

£175

£200

 

(e) section 11J(2) (enforcement orders);

£175

£200

 

(f) section11O(2) (compensation for financial loss);

£175

£200

 

(g) section 13(1) (change of child’s surname or removal from jurisdiction while residence order in force);

£175

£200

 

(h) section 14A(3) or (6)(a), 14C(3) or 14D(1) (special guardianship orders);

£140

£160

 

(i) section 25 (secure accommodation order);

£150

£170

 

(j) section 33(7) (change of child’s surname or removal from jurisdiction while care order in force);

£150

£170

 

(k) section 34(2), (3), (4) or (9) (contact with child in care);

£150

£170

 

(l) section 36(1) (education supervision order);

£150

£170

 

Number and description of fee

Old fee

New fee

 

(m) section 39 (variation or discharge etc of care and supervision orders);

£150

£170

 

(n) section 43(1) (child assessment order);

£150

£170

 

(o) sections 44, 45 and 46 (emergency protection order);

£150

£170

 

(p) section 48 (warrant to assist person exercising powers under emergency protection order);

£150

£170

 

(q) section 50 (recovery order);

£150

£170

 

(r) section 79K (cancellation, variation or removal or imposition of condition of registration of child minder or day carer);

£150

£170

 

(s) paragraph 4(2), 6(2), 7(2) or 9(2) of Schedule A1 (applications in respect of enforcement orders);

£80

£90

 

(t) paragraph 5(2) of Schedule A1 (amendment of enforcement order by reason of change of address);

£40

£45

 

(u) section 102 (warrant to assist person exercising powers to search for children or inspect premises);

£150

£170

 

(v) 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

£200

 

(w) paragraph 19(1) of Schedule 2 (approval of court for child in care of local authority to live abroad);

£150

£170

 

(x) paragraph 6 of Schedule 3 (extension of supervision order);

£150

£170

 

(y) paragraph 15(2) or 17(1) of Schedule 3 (extension or discharge of education supervision order);

£150

£170

 

(z) paragraph 8(1) of Schedule 8 (appeals concerning foster parenting).

£150

£170

 

9 Proceedings under the Human Fertilisation and Embryology Act 2008

 

 

9.1

9.1 On an application under section 54 (parental order).

£175

£200

 

10 Proceedings under the Adoption and Children Act 2002

 

 

10.1

10.1 On an application or a request for permission to apply under any provision in Part 1 of the Adoption and Children Act 2002, other than an application under section 22 of that Act.

£140

£160

 

11 Proceedings under the Children and Adoption Act 2006.

 

 

11.1

11.1 On an application for a warning notice to be attached to a contact order.

£40

£45

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