Applications under Schedule 1 to the Children Act 1989

Jurisdiction and scope

Maintenance provisions under section 15 and Schedule 1 to the Children Act 1989 (ChA 1989) may be used where a case falls outside the jurisdiction of statutory maintenance via the Child Maintenance Service. A parent, step-parent, guardian or person named in a child arrangements order as a person with whom the child is to live may apply for the range of orders under ChA 1989, Sch 1.

See Practice Note: Maintenance provision for children under Schedule 1 to the Children Act 1989.

A lump sum order may be made under ChA 1989, Sch 1 for past expenditure, for example the reimbursement of expenses connected with the birth and for future expenditure, for example for a family car or a school fees fund. A transfer or settlement of property order can be made once to provide a home for a child.

See Practice Note Capital provision under Schedule 1 to the Children Act 1989.

The following Precedent letter may be sent by practitioners to their clients: Financial arrangements for children—client guide.

Children

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High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

Family analysis: In this Schedule 1 case the mother received, for her son’s benefit: a housing fund of nearly £1m (the property to be held on trust); child maintenance (including ‘HECSA’/carer’s allowance) until completion of his first degree; and lump sums in respect of his capital needs and her own substantial liabilities (chiefly relating to her unpaid legal fees). The father (whose resources could be measured in the ‘tens of millions of pounds’) had sought to prejudice the mother’s claims via transferring his valuable shares to family members, who then transferred the same into a trust structure (settled under Czech law). A further onwards transfer was then made of the trust’s assets into a Liechtenstein foundation. Inferences were drawn by the court in respect of the level of the father’s wealth, and specifically as to the value of the transferred shares. Detailed findings were made against him in respect of the identified transactions, which had been the focus of the mother’s section 423 application. Although a section 423(2) order was not actually made, the application was adjourned pending the father’s compliance with the award, with security in the sum of £600,000 also ordered, alongside a continuation of the freezing orders made earlier in the proceedings. David Wilkinson, solicitor at Slater Heelis, considers the issues.

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