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Grandparents and s8 Applications

  • Forseti
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04 Sep 13 #406219 by Forseti
Topic started by Forseti
Hello, playmates,

According to a recent blog post by Lucy Reed (PinkTape) some courts are charging grandparents twice: once for applying for leave and once for the application. This is contrary to the regulations, and the relevant part of Lucy''s post is below:

So, can they charge twice? I am such a saddo that I had to google the relevant SI on the spot (I’m a rubbish gossip companion).
And the answer is : Well, no. They can’t. Not that that appears to have stopped them, at least according to my sources – who I have no reason to doubt. Those acting for grandparents and others who require leave to apply for an order should be prepared to check and quote / wave the regulations at the court counter – do not let your clients pay over the odds. It’s less money they will have for school shoes or legal advice that they really need.
So. To the Regulations! First take your Family Proceedings Fees (Amendment) Order 2013 (S/I 1407/2013). Roll it out flat and chill.
Schedule 1 Pa 2.1 reads:
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
Those “following provisions” insofar as relevant to us are :
(d) section 10(1) or (2) (section 8 orders); £215 and
(h) section 14A(3) or (6)(a), 14C(3) or 14D(1)(l) (special guardianship orders); £170
And in the notes to s 2.1 it says:
Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.
Where an application is made, permission is sought or an appeal is commenced under or relating to provisions of the Children Act 1989 which are listed in two or more different numbered fees, or require two or more different numbered forms, only one fee is payable, and if those fees are different, only the highest fee is payable.
Where an application is made, permission is sought or an appeal is commenced under or relating to two or more provisions of the Children Act 1989 which are listed in the same numbered fee, that fee is payable only once.
Where the application is made, permission is sought or an appeal is commenced in respect of two or more children at the same time, and these children are siblings or children of the family, only one fee is payable in respect of each numbered fee.
Simples. See, that was tres facile n’est ce pas?
Pay once. BOGOF, as they say (cheapest item free).
Even if application is for permission, all four flavours of s8 orders and an SGO.

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