Question 1: Do you have any comments on the proposed fee changes in the higher courts, bearing in mind that they take account of the work involved and the cost of each process?

The proposed increases, if they apply to family proceedings, will prevent access to justice for many parents and grandparents. Court fees for appeal and seeking permission to appeal are already beyond the means of many people. If you include the cost of obtaining a court transcript, the costs can be in excess of £1000 before an appeal case is heard or legal costs are considered.

Since family proceedings consider issues related to child welfare, these should be exempt from cost recovery goals, and further, court fees in family proceedings should be abolished. In a civilised society, child welfare should not be dependent on financial means, and the costs should be covered by society as a whole.

In 2007, Unicef found the UK’s children to be the unhappiest in the developed world. Following this, the Government made commitments to improve child well being. Fee increases are incompatible with those commitments.

February's research by the Children's Society into the experiences of 30,000 children confirmed that children who lose contact with a father are 40% more likely to suffer mental health problems and achieve less academically. Research by Newcastle University into the experiences of 10,000 children found those with fathers involved in their lives have a higher IQ. The DFES Research from 2003 confirmed that children who don't have fathers involved in their education achieve less. Other research confirms that children whose fathers aren't involved in their lives are more likely to suffer mental health problems, addiction problems, and are more likely to experience teenage pregnancy.

In December 2008, the final measures included in the Children and Adoption Act 2006 finally came into force. These measures were intended to help the 28% of children who lose contact with their fathers after three years of their parents separating. If parents cannot access the courts due to limited finances or a lack of court resources there are Human Rights implications, most notably state non-compliance with Articles 6 and 8 of the Human Rights Act 1998. The requirement to pay fees for private family law applications contravenes the United Nations Convention on the Rights of the Child, and in particular Articles 3, 4, 5, 7, 8, 9, 12, 18, 27 and 28.

The requirement to pay fees removes the state's duty to protect the children’s rights by making a child’s welfare dependent on their parents’ or grandparents' financial means. I anticipate that fee increases in family proceedings will result in significant adverse press for the MoJ and Government.

Question 1: Do you have any comments on the proposed fee changes in the higher courts, bearing in mind that they take account of the work involved and the cost of each process?

''Families Need Fathers' (FNF) is extremely concerned about the proposals for the family courts. These proposed increases are likely to conflict with the best interests of children, by making it more difficult for parents to agree appropriate parenting arrangements for the child(ren). The Ministry of Justice itself published a very useful research report in September 2008 (Joan Hunt and Alison Macleod Oxford Centre for Family Law and Policy, Department of Social Policy and Social Work University of Oxford Outcomes of applications to court for contact orders after parental separation or divorce Ministry of Justice, Family Law and Justice Division). This showed (i) the commonest reason for an order NOT being made was that the excluded parent abandoned proceedings. FNF knows from our own members’ experience that lack of funds is one of the most important, perhaps the most important, reason for doing this. Higher fees will increase the number of such cases, fuelled by the current recession, which is already affecting family law cases e.g. the increasing number of parents who are representing themselves.  (ii) by implication, increasing the barriers to an excluded parent getting an order will prevent the courts acting to protect the parental relationship of children.