Applications under Schedule 1 to the Children Act 1989

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Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...

Produced in partnership with David Salter, deputy High Court judge and Recorder 9th Nov

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

9th Nov

Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

9th Nov

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

9th Nov

Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

Practice notes

The grounds on which a marriage is void

A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...

9th Nov

Practice notes

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....

9th Nov

Practice notes

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...

9th Nov

Practice notes

Working with counsel

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 9th Nov

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

In-house

Practice notes

Statements of truth in family proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...

9th Nov

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

9th Nov

Precedents

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

9th Nov

Practice notes

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...

9th Nov

Practice notes

General principles—lump sum orders

This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...

9th Nov

Most recent Applications under Schedule 1 to the Children Act 1989 content

Precedents

Financial arrangements for children—client guide

This document provides general guidance regarding financial provision for children. Your family lawyer will be able to provide specific advice based...

29th Nov

Practice notes

Maintenance provision for children under Schedule 1 to the Children Act 1989

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts...

29th Nov

Practice notes

Capital provision under Schedule 1 to the Children Act 1989

This Practice Note provides guidance on the ability of the courts to make capital orders under Schedule 1 to the Children Act 1989 (ChA 1989),...

29th Nov

Practice notes

Procedure—Schedule 1 to the Children Act 1989

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

28th Nov

Q&As

What is the applicable procedure in relation to the final hearing of an application under Schedule 1 to the Children Act 1989? What are the relevant costs provisions for Schedule 1 proceedings?

An application under Schedule 1 of the Children Act 1989 (ChA 1989) is defined as a financial remedy by the Family Procedure Rules 2010 (FPR 2010), SI...

28th Nov

Q&As

Are there any recently reported cases in relation to an application for periodical payments under Schedule 1 to the Children Act 1989 for the benefit of a child, where the maximum assessment for statutory maintenance under the Child Support Act 1991 has not been met, but the child has a disability for which disability living allowance is received?

By virtue of sections 8(8) and 8(9) of the Child Support Act 1991 (CSA 1991) the court retains jurisdiction to make orders for maintenance where there...

28th Nov

Q&As

Where an unmarried parent's income does not exceed the maximum threshold for an assessment via the Child Maintenance Service, and in circumstances where the child is not disabled, would the court have jurisdiction to order periodical payments for the child to include a carer's allowance? For example, to contribute towards the primary carer's monthly rental costs?

The court has limited powers to make financial awards in cases where parents are unmarried. The significant powers contained in the Matrimonial Causes...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov

Q&As

Can an application be made within proceedings under Schedule 1 to the Children Act 1989 for an order to be made by consent? If so, what should be sent to the court, and is there an equivalent to the Form D81 statement of information for use in Schedule 1 proceedings?

Applications under Schedule 1 to the Children Act 1989 (ChA 1989) are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. FPR 2010,...

28th Nov

Q&As

Where there are ongoing proceedings under section 8 of the Children Act 1989 (ChA 1989), in relation to which a mediation information and assessment (MIAM) exemption was claimed on the basis of urgency, can a MIAM exemption be claimed on the same basis for subsequent ChA 1989, Sch 1 proceedings or will they be treated as separate proceedings?

The pre-application requirement for attendance at a mediation information and assessment meeting (MIAM) is set out in the Family Procedure Rules 2010...

28th Nov

Q&As

Can a parent who lives outside the UK with the child make an application under Schedule 1 to the Children Act 1989 where the non-resident parent lives in England and Wales? What are the potential implications of Brexit on such an application?

The jurisdiction of the courts to deal with applications for maintenance for the benefit of children is set out in Schedule 1 to the Children Act 1989...

Produced in partnership with Marissa Allman of The 36 Group 28th Nov

Brexit

Q&As

A father has signed a declaration of parentage, and there is no dispute as to paternity, in relation to a child where he was not married to the mother and has not met the child. The mother is the child’s carer and has made a claim under Schedule 1 to the Children Act 1989. If the mother were to die, could another person make a claim under Sch 1? If a guardian is appointed by the mother, will they have parental responsibility and assume the care of the child in the event of the mother’s death, or will care fall with the father if still living?

Schedule 1 of the Children Act 1989 (ChA 1989) enables the court to make orders for financial provision for the benefit of a child against the other...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov

Q&As

Can a mother of a disabled child seek periodical payments under Schedule 1 to the Children Act 1989 to cover the cost of the mortgage repayments on the family home?

Pursuant to Schedule 1 to the Children Act 1989 (ChA 1989), the court has the power to make several orders on the application of a parent, guardian or...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As

An order was made under Schedule 1 to the Children Act 1989 for a property to be placed in trust for the benefit of a child and revert to the child’s parent when the child completes their education. If that parent is made bankrupt, will the trustee in bankruptcy be bound by the terms of the trust?

The decision in Mountney v Treharne provides authority for the general principle that a property adjustment order made before the presentation of the...

28th Nov

Q&As

Which costs rules apply to applications under Schedule 1 to the Children Act 1989?

The usual rule as to costs under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.3 (ie generally no order as to costs save in exceptional...

28th Nov

Q&As

A child whose parents were not married lives in this jurisdiction with one of their parents. The non-resident parent lives in a non-EU country, has never paid maintenance and refuses to do so. Can the courts in this jurisdiction make a maintenance order and what would be the procedure for such an application?

Section 4(1) of the Child Support Act 1991 (CSA 1991) provides that a person who is, in relation to any qualifying child or any qualifying children,...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Q&As

Can the court make a legal services order, or an interim order for costs, on an application under Schedule 1 to the Children Act 1989?

Can the court make a legal services order in Schedule 1 proceedings?A legal services order may only be made in relation to proceedings under the...

28th Nov

Q&As

In relation to potential future or ongoing proceedings under Schedule 1 to the Children Act 1989, one party owns a property that will be considered as part of their capital resources, but there is a possibility that the property will be sold or transferred. Can an application be made for a freezing order to prevent a future sale or transfer of the property, or to set aside any previous sale or the transfer of assets if it is thought that the sale or transfer was made in order to defeat the Schedule 1 claim, equivalent to the provisions of section 37 of the Matrimonial Causes Act 1973?

The provisions of section 37 of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent) apply only to proceedings...

28th Nov

Q&As

Do the parties need to complete a statement of information (in Form D81) when lodging a consent order at court regarding proceedings under Schedule 1 to the Children Act 1989? The parties have already filed and exchanged Forms E1 but reached agreement before the first appointment.

Financial remedies include an order under Schedule 1 to the Children Act 1989 (ChA 1989) in accordance with Family Procedure Rules 2010 (FPR 2010), SI...

28th Nov

Q&As

An offer has been made under Part 36 of the Civil Procedure Rules 1998 in full and final settlement of claims under the Trusts of Land and Appointment of Trustees Act 1996, the Married Women’s Property Act 1882 and any claim for a child under Schedule 1 to the Children Act 1989. If accepted, will this preclude an unmarried parent from making any further claims in relation to the child?

While proceedings under the Trusts of Land and Appointment of Trustees Act 1996 are dealt with under the Civil Procedure Rules 1998 (CPR), SI...

28th Nov

Q&As

Schedule 1 to the Children Act 1989 (ChA 1989) prohibits the making of an order for a lump sum or for maintenance in favour of a child applicant over the age of 18 for educational expenses where there was an order for maintenance in force relating to the child immediately before they attained the age of 16. Where the child is seeking provision from a parent who was not the payer under the order, and the order has since been discharged, are there any exceptions to ChA 1989, s 2(3)? Is there case law on this issue? What other options may be available in such a scenario if an application under ChA 1989, Sch 1 isn’t feasible?

Pursuant to paragraph 2 of Schedule 1 to the Children Act 1989 (ChA 1989), the court may make, on the application of a child who has reached the age...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Nov

Applications under Schedule 1 to the Children Act 1989

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