CHILDREN FEES

Fixed Child Arrangements fee 

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To act on either party’s behalf, to prepare all of the documentary work, provide comprehensive advice and liaise with counsel prior to the First Hearing, we offer a fixed fee of £3,500 plus VAT.

In addition, you may need to pay the Disbursement of a Court fee (which will depend on the type of application but is most commonly £263, without VAT) and travel expenses at £0.54 p per mile.

 

 A. What our fixed fee includes:-

1. The preparatory work:

• Initial correspondence with the Applicant or Respondent and/or their solicitor.

• Confirming MIAM compliance or an applicable exemption and retain the mediator's MIAM certificate (if applicable).

• Considering whether an emergency application is necessary depending on the circumstances. 

• Advising on costs and on compliance risks.

• Filing of the C100 and C1A (if applicable and representing the Applicant) or filing a response under Form C7. Ensure whether the court or solicitors are to serve and update addresses for service or effect service accordingly. The Court will serve a Notice of Proceedings to the Applicant and Respondent which will list the First Appointment (the first hearing).

• Corresponding with the Applicant/Respondent in the interim.

• Identifying any necessary witnesses for a fact-finding hearing and taking preliminary proofs.

• Preparing the court bundle and seek to agree this with the other side. This hearing is to consider immediate risks, explore conciliation, determine whether a fact-finding hearing is necessary and make interim child arrangements where safe and proportionate. ​

• The documents for the court bundle include preparing: a position statement, a neutral chronology of key dates and a draft order (which should include interim arrangements, disclosure, listing, fact-finding, a directions timetable, etc.)

• Collating essential papers for a smaller bundle (only applicable if directed).

• Considering whether agreement can be reached in the interim. 

• Preparing the Applicant or Respondent for their CAFCASS safeguarding telephone interview (if applicable).

• Considering whether there is any domestic abuse/coercive control and whether a fact-finding hearing should be sought.

• Considering interim safety measures pending the First Appointment hearing.

• Considering whether any practical, special measures are necessary for the hearing (screens, separate waiting rooms, staggered arrival, etc.) and file request in advance, if necessary. 

   2. Counsel:

• Instructing counsel, if necessary, and liaise with them - discussing the strengths and merits of your case and providing comprehensive instructions. Your instruction of counsel will be an additional disbursement. Please note, we have in-house counsel who may be available for the hearing, at a discounted rate. 

   3. Mediation (MIAM):

• This should normally be considered before the C100 is filed but we will advise you on this and discuss costs where appropriate. 

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B. What our fixed fee does not include:-

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  If a fact-finding hearing is necessary, the work following the First Appointment hearing will be on a timed-fee basis depending on the fee earner(s) working on your case. Hourly rates range from £200 (plus VAT) to £300 (plus VAT). Court sets a date for the Dispute     Resolution Appointment.

• The court will set a date for the fact-finding hearing and parties will either agree directions or the court will issue directions unilaterally. Directions must be strictly complied with.

• Interim child arrangements should be agreed, or otherwise imposed by the court.

 Further work will be necessary to prepare for the next hearing:

• It should again be considered whether agreement can be reached between the parties.

• Evidence will need to be collected, analysed for its strength and relevance and collated. We will liaise with you about whether further evidence should be sought and liaise with third parties to collect this where appropriate (e.g. the children's school, nursery or college). 

• The evidence of any witnesses will need to be considered and witness statements duly prepared. Witnesses should be prepared for possibly attending court, if applicable.

• A court bundle will be prepared and sought to be agreed with the other side.

• Counsel will be instructed and a consultation may be arranged prior to the hearing, where appropriate.

 Most cases will settle at this hearing​. However, a final hearing may be necessary.

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​ The final hearing is where the Court will listen to oral evidence from both parties and assess all the evidence before them. The Court   will then make a Final Order which will decide the arrangements for the child/children and give the reasons for this decision.

 

 NOTE: in all cases, disbursements will be payable, such as the court fee which is most commonly £263 depending on the type of   application and is payable by the Applicant (reductions or remissions may be available depending on income).

 If there are any related issues (such as divorce or separation arrangements), then these will fall under a separate matter with   corresponding fees. You will be advised on this before instruction is sought on these matters, if applicable.

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Our fees for these after the First Appointment will be discussed with you as your matter progresses. It will be on a time-based fee according to the fee-earner(s) instructed and the individuals working on your case. These fees can range from £200 - £330, per hour, depending on the specific fee earner and their level of experience. 

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