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Changes to cost limits for Child Abduction and Wardship

Date:31 MAR 2025
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Cost Update for Child Abduction and Wardship

When reviewing current costs limitation for Child Abduction and Wardship it has been agreed following consultation and feedback that the cost limit for the substantive certificate will increase from £5000 to £25000. Our review of the data shows the costs incurred on these cases far exceed the current default cost limitation of £5000. Child Abduction and Wardship commonly involve a foreign element and costs on these cases can quicker escalate, meaning that costs incurred can frequently exceed the standard £5000 cost limit. These certificates are regularly granted to include representation at the final hearing, and this change will allow providers to focus on the case rather seeking to amend the costs limit of the certificate.

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What changes will you see?

When granting an initial application, CCMS will grant a cost limit of £25,000 for the cases listed in the table below.

It will apply to the following proceedings only:

Proceedings
CH001 - Child Abd/Custody – free - High Court
CH003 - App for wardship - High Court
CH002- App - Child Abduction/Custody Act 1985 - High Court

Existing Scope and Proceeding limitations will continue to apply.

Implementation Date

This will be effective from Monday 17th March 2025. New applications started and submitted from Monday 17th March 2025 will have the new standard cost limit of £25,000.

What’s Next?

This is part of a continuous journey towards creating a more accessible Legal Aid system and reducing the administrative burden on provider and ourselves. Currently under consideration are ideas such as:

  • Including reviewing how we could make greater use of our backdating facilities
  • Reviewing the current cost limits in non-Family proceedings
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