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The Family Proceedings Fees (Amendment) Order (Northern Ireland) 2004

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Article 2

SCHEDULE

Article 4

SCHEDULEFEES TO BE TAKEN IN FAMILY PROCEEDINGS

Column 1Column 2Column 3
ItemFee £Document to be endorsed

1.  Commencement of Proceedings

(a)On sealing an originating summons

175·00The filed copy

(b)On sealing any petition other than a second petition presented with leave granted under rule 2.6(3) –

(i)When the petition is presented to the High Court

170·00The filed copy

(ii)When the petition is presented to a divorce county court

155·00The filed copy
NOTE: Fees to include provision for the number of initial copies required for service

2.  Entering and Setting Down for trial in court

On entering or setting down any cause or matter for trial, hearing or further consideration in court, except where it is otherwise provided for in this Schedule

(a)High Court petition

98·00The setting down docket

(b)County Court petition

82·00The setting down docket

3.  Certificate of Decree Absolute

On filing an application for a certificate of Decree Absolute23·00The filed copy

4.  Proceedings under the Children (Northern Ireland) Order 1995

On filing an application or requesting leave under the following provisions of the Children (Northern Ireland) Order 1995 –
Parental Responsibility, Guardians, Article 8 orders

(a)Article 7(1)(a) or (4), 10(1) or (2), 159(1);

34·00The filed copy

(b)Article 13(1) or 163(1)

23·00The filed copy
Financial Provision for Children

(c)paragraph 2(1), 3(1), 7(5), 16(1) of Schedule 1

34·00The filed copy

(d)paragraph 2(4), 3(5), 6(6), 7(7), 7(8), 10(2), 12(2) or 13 of Schedule 1

23·00
Secure Accommodation

(e)Article 44

No fee
Care, Supervision etc

(f)Article 50

62·00The filed copy

(g)Article 52(7), 57(8)(b), 58(1), (2), (3) or (4), paragraph 6(3) of Schedule 3 or paragraph 10(3) of Schedule 8

23·00The filed copy
Contact with child in care

(h)Article 53(2), (3), (4) or (9)

23·00The filed copy
Placement Abroad

(i)Article 33(1)

23·00The filed copy
Education supervision

(j)Article 55(1)

62·00The filed copy

(k)paragraph 5(2) or 7(1) of Schedule 4

23·00The filed copy
Child Assessment

(l)Article 62(1)

62·00The filed copy

(m)Article 62(12)

23·00The filed copy
Emergency Protection

(n)Article 63, 64 and 67

No fee
Recovery of children

(o)Article 69

No fee
Miscellaneous

(p)Article 178

23·00The filed copy

(q)On commencing an appeal under Article 166 or Article 41(11)

(i)to the county court

41·00

(ii)to the High Court

52·00
NOTE: Where an application requires leave of the court the relevant fee applies where leave is sought but no further fee may be charged if leave is granted and the application is made.

5.  Application for Ancillary Relief

On filing a notice of application for ancillary relief52·00The filed copy

6.  Other Application in Proceedings

On any application in matrimonial proceedings, except where it is otherwise provided for in this Schedule, or is for an order by consent, made

(i)to a master

52·00The filed copy

(ii)to a judge

57·00The filed copy

7.  Writ of Subpoena & Witness Summonses

On sealing a writ of subpoena or issuing a witness summons per person7·00The filed copy

8.  Copies of Documents

(a)Personal Applications

(i)for a copy of all or part of any document, issued as an office copy for each page

1·50The requisition

(ii)for a certified copy of any document per page

3·50The requisition

(iii)for a sealed and certified copy of any document per page

4·00The requisition

(b)Postal Applications in addition to the fees at 8(a) above for a copy of any of the documents referred to

6·00The requisition

9.  Searches and Inspections

(a)On making a search in the index of Parental Responsibility Agreements kept in the Office of Care and Protection in accordance with regulations made under Article 7 of the Children (Northern Ireland) Order 1995 and, if appropriate providing a copy of an agreement

23·00The requisition

(b)On a search (including inspection) other than one for which a fee is prescribed under 9(a) above

6·00The requisition

(c)For an official certificate of the result of a search in any index

6·00The requisition

(d)Postal applications, in addition to the fee at 9(c) above

6·00The requisition

10.  Miscellaneous

For signing, settling or approving an advertisement6·00The requisition

11.  Appeals

(a)On filing a notice of appeal from a master to a judge in chambers

57·00The filed copy

(b)On entering any appeal (including an interlocutory appeal) to the Court of Appeal

175·00The notice of appeal or requisition

12.  Taxation

(a)On the taxation of a bill of costs:

The bill
  • Where the amount allowed does not exceed £5

1·00The bill
  • Where the amount allowed exceeds £5 but does not exceed £100, for every £1 or fraction thereof –

0·15
  • Where the amount allowed exceeds £100 –

(i)for the first £100

24·00The bill

(ii)for every £1 or fraction thereof over £100

0·15

(b)On withdrawal of a bill of costs which has been lodged for taxation

Such fee (not exceeding the amount which would have been payable under Fee No.12(a) if the bill had been allowed in full) as shall appear to the taxing master to be fair and reasonable
NOTE: The taxing master may in any case require the bill of costs to be stamped before taxation with the whole or part of the amount of fees which would be payable if the bill were allowed by him at the full amount thereof.

13.  Enforcement

On any application for enforcement of a matrimonial order41·00The filed copy

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