Family court appeal fees 2026 — what appeals cost and how to fund one

REVIEWED BY: Sean McNamara on 2026-08-30

Appealing a family court decision is a big step, and fees are part of the picture. This guide sets out the current appeal fees (unchanged by the July 2026 round of increases) and the basics of funding. It is general information, not legal advice.

Current appeal fees

| Appeal type | Fee | |---|---| | Appeal in Children Act proceedings (family court or High Court family) | £251 | | Appeal in financial remedy / matrimonial proceedings | £251 | | Appeal to the Court of Protection | £272 | | Appeal fees for tribunals (social security/child support — CMS appeals) | separate schedule; First-tier Tribunal appeal is free to lodge |

The £251 figure is the standard family appeal fee under the Family Proceedings Fees Order — it was not increased on 13 July 2026 (unlike issue fees). Check the current EX50A list before filing, as figures are reviewed regularly.

The three "gates" before you pay anything

An appeal is only possible if you clear three hurdles — in this order:

1. Permission to appeal. You need permission from the judge who made the decision, or from the appeal court. The test: the decision was wrong, or unjust because of a serious procedural or other irregularity. Permission applications have their own tight deadlines (usually 21 days from the decision) 2. A real ground. You must identify what the judge got wrong in law, in procedure, or in the evaluation of evidence — not merely that you disagree with the outcome. Appeals are not a second bite at the same hearing 3. A realistic remedy. The appeal court can rarely re-hear evidence; it usually reviews what happened below. Consider whether the realistic best case justifies the cost and delay

What appeals cost in total (beyond the fee)

The filing fee itself (£251)
Transcript costs — a transcript of the judgment you're appealing is normally required; these can run to hundreds or thousands of pounds depending on length
Legal representation — appeal work is specialist and hourly rates are high
A cross-appeal by the other side can double the scope of the fight
If you lose, a costs order against you is possible, though in children cases costs orders against litigants are rare (the normal rule is no order as to costs in children cases)

Funding an appeal

Help with Fees (EX160) applies to the appeal filing fee — same eligibility rules as any other fee (savings, benefits, income tests)
Legal aid is available for appeals in limited circumstances — where the underlying case was in scope (for example, many public law cases, or private law cases with evidence of domestic abuse), and where the appeal has merits and means. Ask a legal aid solicitor promptly — deadlines are short
Pro bono and second-opinion schemes — Advocate (the Bar's pro bono charity) and some university law clinics review prospective appeals
Some counsel offer fixed-fee permission-to-appeal advice, which is a sensible first step before committing to the full route

Practical checklist

[ ] Note the permission deadline (usually 21 days) — calendar it immediately
[ ] Draft the skeleton: identify each alleged error, the evidence, and why it matters to the outcome
[ ] Order the transcript early — it is usually the long lead-time item
[ ] Apply for Help with Fees (EX160) if funding the fee is a barrier
[ ] Take advice on merits before filing — a hopeless appeal costs money and can affect you in the underlying case

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS or gov.uk. This page is general information and is not legal advice. Appeals are technical and deadline-driven — get advice quickly.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.