Children Fixed Fees
The Family Department at Kingsley David is dedicated to family law. We recognise that each family is different and our specialist family department can guide you through and help ensure the best possible outcome for you and your family. Wherever possible, we seek to reduce the stresses, strains and financial difficulties that can arise when a relationship breaks down. If you have children, then inevitably there will be a degree of upheaval and our aim is to keep that to a minimum.
As a member of Resolution, we are committed to conduct matters in a constructive and non-confrontational way and to encourage you to put the best interests of the child first. To that end, as far as matters concerning children are concerned, the Court has a “no order” principle whereby it will not make an order unless it considers one to be necessary for the welfare of the child. The welfare factors are found at section 1(3) of the Children Act 1989 and are as follows:
- the wishes and feelings of the child
- the physical emotional and educational needs of the child
- the likely effect on the child of any change in his circumstances
- the ages, sex, background and any characteristics of the child which the court considers to be relevant;
- how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
- the range of powers available to the court under this Act in the proceedings in question.
We offer a fixed fee service which may be of benefit to you to help you to budget at this difficult time. With fixed fees, you know in advance exactly what costs you will incur. We will discuss the options available to you at the time of your initial appointment with us to decide if the fixed fee is best for you. With a fixed fee, you know what the cost to you will be. Please note that our fixed fee service for Children matters is not available for cases involving care proceedings (cases involving social services or local authorities).
Children – Fixed Fee £900 (to first Court hearing or agreement, whichever is reached earliest)
- Child Arrangements Orders
- Shared Care
- Specific Issue
- Prohibited Steps
- Special Guardianship
The fixed fee service will cover the services as set out below:
- Initial meeting with you to take your detailed instructions
- Attempting to reach an agreement without the need for Court proceedings
- Refer you to a local mediation service
- If agreement cannot be reached through mediation, then we will prepare the court application forms and issue the application at court. The court fee is not included and must be paid for separately.
- We will represent you at the first hearing, draft any applicable order and seek further directions of the court if necessary. If we are in Court for longer than 2 hours, we reserve the right to charge the surplus time at our hourly rate. We will, of course, agree this with you in advance.
- We will provide written advice with regards to the outcome of the first hearing, explain the next steps and discuss with you any further fees that you may incur.
If a further hearing is necessary in the matter, we may advise you to instruct a barrister. We will consider an appropriate barrister for your case and negotiate a final fee.
What work is not covered?
- Court fees (currently there is a fee of £215 for an initial application)
- If it appears that, as the matter progresses, correspondence and telephone calls become protracted then our fees will revert to our standard charging rates set out in our Terms & Conditions of Business. We will, of course, discuss this with you at the time.
- Unusual or irregular expenses incurred such as establishing the whereabouts of the child or other party or obtaining evidence beyond your initial instructions.
- Work required to progress the matter beyond the first hearing. This would be at our hourly rate and would be agreed with you before commencing any further work on your file.
- Any work necessary in respect of associated family issues but not directly connected with the application. This would be at our hourly rate and would be agreed with you before commencing any further work on your file.
For a fixed fee with regard to removal from the jurisdiction, please contact us to discuss.
If you are interested in a fixed fee service, please contact us and we can discuss matters to establish if this is the way forward for you.