Family Law: Disputes Over Children

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1 Family Law: Disputes Over Children Accessible & Transparent Services Your case will go through various stages. The table below sets out the fee for each of those stages, so that you can work out the likely overall cost to you. Services exclude care proceedings i.e. cases involving social services or local authorities and relates to child residence, contact, custody (now known as Child Arrangement Orders ) and schooling disputes. Fixed Fee Service Cost Time Limits Completing the application to commence Court Proceedings (C100) 370 Max 2 hrs Reaching an agreement without starting Court Proceedings 555 Max 3 hrs Representing you at the First Court Appointment only 925 Max 5 hours Completing C100 and representing you at the First Court Appointment 1110 Max 6 hrs Dealing with the steps following the First Court Appointment 1850 Max 10 hrs Preparation for a Trial/Final Hearing and attending with you 3700 Max 20 hrs All fees are inclusive of VAT. Limits of Fees You will see that there is an upper time limit of hours for the amount of work that may be undertaken for some of the stages for the fee quoted. We find this encourages efficient, disciplined case management. Our experience shows that most matters suitable for Fixed Fee work are capable of being completed within the time limit we have fixed for that phase. We will alert you as soon as possible if it becomes clear that the necessary work cannot be completed within the limit in your case. Any additional work will be charged at our special Fixed Fee Hourly Rate, or you may want to consider buying a bundled time package. At that stage, we will discuss your options with you. You may be able to agree an additional Fixed Fee, decide to proceed on our special Fixed Fees hourly rate or, if eligible, pay for the additional work under our Access to Justice Scheme. This discussion will also provide an opportunity to review your goals and approach to your case to ensure that the case plan is still the right one for you given your financial circumstances and the probable costs and benefits of continuing the dispute.

2 Some cases however are so complex and time consuming that it will be obvious from the outset that they would not be suitable for a Fixed Fee approach. For example, Fixed Fees are never suitable for cases of actual or threatened child abduction or cases with an international element. We therefore reserve the right not to offer a Fixed Fee in any particular case, but you may rest assured that in every case we will always be clear and straightforward when discussing costs with you and give you our best estimate as the case unfolds of what your total costs are likely to be. Initial Meeting We feel it is essential that we meet you face to face or speak to you on the telephone before we take any steps on your behalf. This way we get to know you well and we get to understand your particular worries and priorities. It also gives you a chance to meet the Solicitor who will be acting for you and make sure that you feel comfortable with him or her. At the initial face-to-face or telephone meeting, we would usually discuss your own situation with you, touching on issues relating to yourself, your children and your finances. We would usually be able to give you some helpful advice on these issues, which is personalised to your own situation and to answer any particular questions, which are worrying you. We usually expect the initial meeting to take about 30 minutes and most of our clients say that they find it very helpful. Following the meeting we will usually send you some written information about the topics we have discussed, but the fee does not include a letter or confirming the advice we have given you individually nor does it include any other steps, for example writing to your spouse or his/her Solicitor. The initial meeting is included in the fee and we do not charge for those initial meetings where the client decides not to instruct us. Get in touch to discuss your options today

3 Family Law: Disputes Over Children 370 Completing the application to commence Court Proceedings You should try to reach an agreement without any Court Proceedings and with our help, you can achieve that. Ideally, this will be at an early stage in order to minimise the cost to you and the emotional stress of Court Proceedings. If this is not possible and you wish to issue an application we are be able to help you. The 370 Fee includes: Referring you for a Mediation Information and Assessment Meeting ( MIAM ) Drafting an application for an Order Sending it to you for approval and discussing the detailed wording with you Sending the application to the Court for issue and arranging service on the other party by post Dealing with any questions the Judge or CAFCASS may raise in correspondence before issue If you receive an application issued by another person, we can advise you regarding this and complete an Acknowledgement of Service on your behalf and arrange for this to be lodged at Court - The current cost of this will be 185 A maximum of 2 hours work (20 units) calculated on the basis of time spent and work done on your behalf - All meetings and telephone calls will be timed and recorded in 6 minute units (i.e. 6 minutes is one unit of time) Each and letter received and sent will be recorded as one unit VAT The 370 Fee does not include: The Court fee Preparing the Court Bundle for the Court Hearing Going to Court Any charges in relation to tracing the other party if their address is not known Completion of a supplemental information form - This form is required if allegations of harm are made and the administration and preparation involved will cost an additional 60 Work done in excess of the 2 hour time limit

4 At this stage, we do not expect to do any work outside the terms of any fixed price quoted. We will notify you if the position changes; if it does, we will agree with you how the additional work will be charged. This will usually be at our special Fixed Fee Hourly rate.

5 Family Law: Disputes Over Children 555 Reaching an agreement without starting Court Proceedings You may wish to instruct us to try to negotiate an agreement with the other party or his or her Solicitor. This usually involves exchanging correspondence to establish what your position is, then formulating and putting forward proposals. As an alternative to this, you may want to consider using other options such as Mediation or Collaborative Law. In most cases, we would expect you and any other party to reach an agreement without Proceedings, perhaps with the help and guidance from Solicitors. It is important and sensible to do this but, also, it is important to recognise when discussions and negotiations are fruitless and to consider other options available. We recognise that drawn out negotiations are rarely in a child s best interest. The 555 Fee includes: Writing to the other party to confirm your proposals or future arrangements and seeking confirmation of the other party s proposals. Advising you about the issues arising Advising you about any proposals you receive and helping you to formulate your own proposals Negotiating with the other party and his or her Solicitor, usually by letter or , to try to reach agreement A maximum of 3 hours work (30 units) calculated on the basis of time spent and work done on your behalf - All meetings and telephone calls will be timed and recorded in 6 minute units (i.e. 6 minutes is one unit of time) Each and letter received and sent will be recorded as one unit VAT The 555 Fee does not include: Charges made by other people to provide information Direct "face to face" meetings with the other party and his/her Solicitor. We can arrange these meetings where they are appropriate, but we would need to charge you separately Drawing up a formal agreement, if an agreement is reached Further negotiations after we conclude that there is no realistic possibility of an agreement, or work in excess of the 3 hour (30 units) limit - Please see the previous section. Negotiations after you or the other party has issued an application to the Court

6 Any issues in relation to applications for abduction, enforcement or financial provision for children Negotiations with more than one other party Work undertaken in excess of the 3 hour limit At this stage, we do not expect to do any work outside the terms of any fixed price quoted. We will notify you if the position changes; if it does, we will agree with you how the additional work will be charged. This will normally be at our special Fixed Fee hourly rate.

7 Family Law: Disputes Over Children: 925 Representing you at the First Court Appointment There may come a point when it is clear that we are not going to reach an agreement out of Court. Long negotiations, which get nowhere, are deeply frustrating and unlikely to be cost effective, so it may become necessary to issue a Court Application, or the other party may decide to do so. We will give you more information about the Court process. This fixed fee package is likely to be relevant if you are of the respondent to a court application. The 925 Fee includes: Going to the First Court Appointment with you to a local Court. We will charge you additional, reasonable, travel expenses if we are required to travel further than 10 miles from our office to the court, or have to make a journey in excess of 30 minutes duration to get to the court from our offices - Such additional travel will be charged at 45p per mile plus time at the fixed fee hourly rate (see our FAQ) Alternatively, if your case is not being heard in a local court, we may discuss with you the option of instructing counsel (a barrister) to represent you, if this choice is more cost effective for you If your case settles without us going to Court we will prepare a Consent Order for you Advising you about any proposals received, helping you to formulate proposals and negotiate with the other party s Solicitor A maximum of 5 hours (50 units) work calculated on the basis of time spent and work done on your behalf including travel time. All Court Hearings and attendances, meetings, preparation and telephone calls will be timed and recorded in 6 minute units (i.e. 6 minutes is one unit). Each and letter received and sent will be recorded as one unit VAT The 925 Fee does not include: Preparation, filing and service of the court bundle. Note that this will normally be the responsibility of the applicant (the other party) Applications for enforcement, relating to an actual or feared abduction, or applications for permission to remove from the jurisdiction permanently Writing to other people for documentation

8 Any other application you or the other party might make Any charges raised by third parties for providing information and any charges for Expert reports, such as drug testing, DNA testing, psychological reports, etc. Representation at Court by a Barrister. We would not normally recommend you to engage the services of a Barrister at this stage of the Proceedings, but, if you do so, his or her fee would be payable separately and we would have to charge you 300 for the administration involved, preparation of a detailed Brief, etc. Proceedings in which there are more than 2 parties Work undertaken in excess of the above 5 hour limit At this stage, we do not expect to do any work outside the terms of any fixed price quoted. We will notify you if the position changes; if it does, we will agree with you how the additional work will be charged. This will normally be at our special fixed fee hourly rate.

9 Family Law: Disputes Over Children: 1110 Preparing the application to start court proceedings and representing you at the First Court Appointment There may come a point when it is clear that we are not going to reach an agreement out of Court. Long negotiations, which get nowhere, are deeply frustrating and not cost effective, so it may become necessary to issue a Court Application. We will give you more information about the Court process. The 1110 Fee includes: Preparation of the application to start court proceedings (C100) Preparation, filing and service of the Court Bundle Going to the First Court Appointment with you to a local Court. We will charge you additional, reasonable, travel expenses if we are required to travel further than 10 miles from our office to the court, or have to make a journey in excess of 30 minutes duration to get to the court from our offices. Such additional travel will be charged at 45p per mile plus time at the fixed fee hourly rate (see our FAQs). Alternatively, if your case is not being heard in a local court, we may discuss with you the option of instructing counsel (a barrister) to represent you, if this choice is more cost effective for you If your case settles without us going to Court we will prepare a Consent Order for you. Advising you about any proposals received, helping you to formulate proposals and negotiate with the other party s Solicitor A maximum of 6 hours (60 units) work calculated on the basis of time spent and work done on your behalf including travel time - All Court Hearings and attendances, meetings, preparation and telephone calls will be timed and recorded in 6 minute units (i.e. 6 minutes is one unit). Each and letter received and sent will be recorded as one unit VAT The 1110 Fee does not include: Applications for enforcement, relating to an actual or feared abduction, or applications for permission to remove from the jurisdiction permanently Writing to other people for documentation Any other application you or the other party might make Any charges raised by third parties for providing information and any charges for Expert reports, such as drug testing, DNA testing, psychological reports, etc.

10 Representation at Court by a Barrister. We would not normally recommend you to engage the services of a Barrister at this stage of the Proceedings, but, if you do so, his or her fee would be payable separately and we would have to charge you 300 for the administration involved, preparation of a detailed Brief, etc. Proceedings in which there are more than 2 parties Work undertaken in excess of the above 6 hour limit At this stage, we do not expect to do any work outside the terms of any fixed price quoted. We will notify you if the position changes; if it does, we will agree with you how the additional work will be charged. This will normally be at our special Fixed Fee Hourly rate.

11 Family Law: Disputes Over Children 1850 Dealing with the steps following the First Court Appointment In our experience, it is not always possible to resolve matters at the First Hearing. If it is necessary to continue beyond that point the Judge will give Directions as to what further information, etc. should be provided and will usually list a further Hearing. We will help you to comply with the Court s Directions, we will prepare all the documentation needed for the next Hearing and represent you at that Hearing. The 1850 Fee includes: Drafting a statement on your behalf, if the Court directs this. Pressing the other party s Solicitor to comply promptly with any Directions made against him or her Advising you about any proposals received, helping you to formulate proposals and negotiate with the other party s Solicitor in correspondence Going to the Directions or Review Hearing with you. We will charge you additional, reasonable, travel expenses if we are required to travel further than 10 miles. If your case settles without us going to Court we will prepare a Consent Order Representing you and negotiating for you at Court and, if an agreement is reached at Court, preparing a Consent Order setting out the terms of the agreement A maximum of 10 hours (100 units) work calculated on the basis of time spent and work done on your behalf. All Court Hearings and attendances, meetings, preparation and telephone calls will be timed and recorded in 6 minute units (i.e. 6 minutes is one unit). Each and letter received and sent will be recorded as one unit VAT The 1850 Fee does not include: Representation at court by a barrister. We would not normally recommend you to engage the services of a barrister at this stage of the proceedings, but, if you do so, his or her fee would be payable separately and we would also have to charge you an extra 300 for the administration involved, preparation of a

12 detailed brief, etc. The barrister s own charges would be extra. Writing to other people for documentation needed to comply with the judge s directions - We think that you would probably prefer to do this yourself, so we have not included it in our costing. Of course, we can write these letters for you if you wish but we would need to charge you extra Any charges raised by third parties for providing information, and any charges for expert reports, such as drug testing, DNA testing, psychological reports, etc. Commissioning reports from third parties, which may be required, such as drug testing, DNA testing and obtaining psychological reports, etc. Drafting statements on behalf of witnesses or third parties Representation at a finding of fact hearing, if allegations are made by either party. Drafting or responding to a schedule of allegations in relation to a potential finding of fact hearing Work done in excess of the 10-hour limit Further Hearings and Court Directions In applications concerning children, several Hearings will often be necessary to resolve matters. We will be happy to represent you at further Hearings and to help you to comply with Court Directions if this is necessary. A Fixed Fee can be agreed with you in advance in respect of any further assistance that you may need, but if this is not possible work will be charged at our usual hourly rate, although you may be entitled to take advantage of our Access to Justice Scheme. At this stage, we do not expect to do any work outside the terms of any fixed price quoted. We will notify you if the position changes; if it does, we will agree with you how the additional work will be charged.

13 Disputes over Children: 3700 Preparing for the Trial or Final Hearing Taking a case to Trial involves a lot of detailed preparation work. We will carry out all the necessary preparation work for you for this fee. It does not include our Advocate actually representing you at Court; we always discuss and agree a separate fee for this service when we know more about how long the Trial is likely to take and what the issues are. We may recommend you to engage the services of a Barrister at this stage in the Proceedings and if so, we will probably suggest you have a meeting with the Barrister (known as a Conference ) a few weeks before the Trial date so that he or she can advise you and also point out any additional information he or she thinks you should produce or any other steps he or she would like us to take before the Trial. The Fee includes the cost of arranging and briefing the Barrister and going to the Conference with you. It also includes coming to Court with you and your Barrister on the morning of the Trial to deal with any last minute points and to be present during negotiations before you go into Court. It does not include staying at Court throughout the remainder of your day. If you or your Barrister wishes us to do that, however, we will charge you an additional sum of 600. It does not include the fees charged by the Barrister. The 3700 Fee includes: Helping you to comply with any Court Directions and Pressing the other party s Solicitor to comply promptly with any directions made against him or her which remain to be complied with Commissioning any reports or Addendum reports from third parties which may be required, such as psychological reports, drug testing, DNA testing, etc. Advising you about any proposals received, helping you to formulate proposals and negotiate with the other party s Solicitor in correspondence Drafting a Position Statement if required Going to a meeting with a Barrister and going to Court with you on the morning of the Trial with you and the Barrister - If the hearing is not in a local Court, or if the barrister s chambers are not local to our offices, we will charge you additional, reasonable, travel expenses if we are required to travel further than 10 miles from our office to the court or barrister s chambers or we have to make a journey in excess of 30 minutes duration to get to the court or chambers

14 from our offices. Such additional travel will be charged at 45p per mile plus time at the fixed fee hourly rate (see our FAQ) A maximum of 20 hours (200 units) work calculated on the basis of time spent and work done on your behalf including travel time - All Court Hearings and attendances, meetings, preparation telephone calls will be timed and recorded in 6 minute units (i.e. 6 minutes is one unit). Each and letter received and sent will be recorded as one unit VAT The 3700 Fee does not include: Representing you at the Trial Fees charged by a Barrister for your meeting with him or her and for representing you at Court Any charges raised by third parties for providing information and any charges for Expert s reports, such as psychological reports, DNA testing, drug testing etc. Fees charged by any third parties, such as psychologists, for attending Court. It is in reality, rare for an Expert to be asked to attend Court but, if it happens, he or she will make an extra charge for which you will be responsible Work in excess of the 20 hour limit At this stage, we do not expect to do any work outside the terms of any fixed price quoted. We will notify you if the position changes; if it does, we will agree with you how the additional work will be charged. This will usually be at our special Fixed Fee Hourly rate.

15 Bundled Time and Hourly Rates If you need additional time, we can also offer an hourly rate (speak to your Solicitor about this), clients that require more than a simple consultation may wish to take advantage of our Bundled Time scheme. This is a simple and straightforward way of buying a predefined amount of expert legal representation and advice. Time Band A Band B 5 hours hours hours hours All legal expertise purchased under Bundled Time must, unless otherwise agreed in writing, be paid in full and in advance of work commencing. Agreement to defer payment will only be considered if adequate security for payment in full is provided.

16 Frequently Asked Questions Accessible & Transparent Services When are the fees payable? Payment is due before work can be started. We are able to accept payment by bank card, credit card or PayPal, either face to face at one of our offices, over the phone, or online via our website. Any Court fees we have to pay are payable by you in advance. Any fees payable to third parties, including Agents, Experts, and Barristers, are payable in full before they can be instructed to begin work. In certain limited circumstances, where security for payment can be arranged, it may be possible for payment by instalments to be considered. How do we work out whether you are entitled to use the Fixed Fee Schemes? When deciding whether you qualify for the Fixed Fee Schemes we will look at the complexity of the case. These Fixed Fee arrangements are not normally available in children s cases where there are more than 2 parties, in abduction cases, permission to remove from the jurisdiction permanently, enforcement, or in cases where allegations of harm or the mental health are significant issues. They are not normally available in complex financial cases including cases where the gross value of the matrimonial assets exceeds 850,000, where significant matrimonial assets are located outside England and Wales, where the matrimonial assets comprise a business or limited company, or if there are assets held in trust for third parties or if third parties intervene in the case. We may be able to individually agree a higher Fixed Fee with you for undertaking these more complex pieces of work. What work is not included in the Fixed Fee Scheme? Any work we do for you which is not included in the Fixed Fee will normally be charged separately on the basis of our Fixed Fee hourly rate, as set out in our Terms of Business letter. We will not do any work for you outside the scope of the fixed fee until we have discussed this with you and explained our charges, given you the best estimate we can of the likely overall cost to you and secured your written agreement to the extra work. An exception to this is work we may have to do for you on an emergency basis where we have been unable to contact you before proceeding. We will only do this if we think the work is reasonably necessary to protect your interests, but you agree to pay our charges for that extra work.