Applications under Schedule 1 to the Children Act 1989

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Family monthly highlights—July 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—July 2021

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Order authorising the sale of a minor’s property (Re Shanavazi)

The following Family news provides comprehensive and up to date legal information on Order authorising the sale of a minor’s property (Re Shanavazi)

Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

The following Family news provides comprehensive and up to date legal information on Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

Featured Family content

Property adjustment orders—procedural issues and drafting the order

Property adjustment orders—procedural issues and drafting the orderThis Practice Note provides practical guidance on procedural issues relating to an...

Notice of acting

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

The no order principle

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

Restrictions on decree being made absolute—divorce

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Q&As

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May

Practice notes

Notice to show cause applications in family proceedings

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The meaning and scope of parental responsibility

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Filing the divorce petition and supporting documents

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Desertion

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Permission to apply for a section 8 order

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Declarations of parentage—procedure

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Mesher and Martin orders

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Defended divorce proceedings

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Void and voidable marriages

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General principles—lump sum orders

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Letter to the Pension Service enclosing either or both Form BR19 and Form BR20 requesting a state pension statement or valuation

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Drafting the terms of a financial consent order

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

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COVID-19

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

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?

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...

31st Jul

Practice notes

Capital provision under Schedule 1 to the Children Act 1989

Capital provision under Schedule 1 to the Children Act 1989This Practice Note provides guidance on the ability of the courts to make capital orders...

31st Jul

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?

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...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul

Practice notes

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

Maintenance provision for children under Schedule 1 to the Children Act 1989This Practice Note sets out the jurisdiction of the court to make a...

31st Jul

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?

Where an unmarried parent's income does not exceed the maximum threshold for an assessment via the Child Maintenance Service, and in circumstances...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

An unmarried couple, Party A and Party B, conceive a child through IVF using donor sperm. Party B is not biologically related to the child, nor are they on the birth certificate and there are no court orders in relation to the child. The parties purchase a property as joint tenants and agree that it is intended to be a gift for Party A to live in with the child. Party B wants to sell the property. Can Party A apply to remain in the property under the Trusts of Land and Appointment of Trustees Act 1996 or Schedule 1 to the Children Act 1989?

An unmarried couple, Party A and Party B, conceive a child through IVF using donor sperm. Party B is not biologically related to the child, nor are...

31st Jul

Q&As

Can a non-biological father be liable to pay child maintenance to the biological mother either by virtue of a calculation by the Child Maintenance Service or as a result of an application by the mother for financial provision under Schedule 1 to the Children Act 1989?

Can a non-biological father be liable to pay child maintenance to the biological mother either by virtue of a calculation by the Child Maintenance...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

Where the parties are the joint owners of a property and have young children, under which legislation should proceedings be issued, the Trusts of Land and Appointment of Trustees Act 1996 or Schedule 1 to the Children Act 1989? What are the differences between the two?

Where the parties are the joint owners of a property and have young children, under which legislation should proceedings be issued, the Trusts of Land...

31st Jul

Q&As

Is it possible for the parties to agree to oust the jurisdiction of the court in respect of an application for school fees or top up maintenance for the children under Schedule 1 to the Children Act 1989?

Is it possible for the parties to agree to oust the jurisdiction of the court in respect of an application for school fees or top up maintenance for...

31st Jul

Q&As

Where there are concurrent proceedings under Schedule 1 to the Children Act 1989 (ChA 1989) and under ChA 1989, s 8 for a child arrangements order, is it possible to list the first directions appointment for the proceedings under ChA 1989, Sch 1 to be heard at the same time as the final hearing of the child arrangements application if the proceedings are interconnected?

Where there are concurrent proceedings under Schedule 1 to the Children Act 1989 (ChA 1989) and under ChA 1989, s 8 for a child arrangements order, is...

31st Jul

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?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

On an application for a top-up child maintenance order under Schedule 1 to the Children Act 1989, can the court take into account that the non-resident parent lives with their wealthy parents and has no day-to-day living costs and significant inheritance prospects?

On an application for a top-up child maintenance order under Schedule 1 to the Children Act 1989, can the court take into account that the...

31st Jul

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?

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...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul

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?

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...

Produced in partnership with Marisa Allman of The 36 Group 31st Jul

Brexit

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?

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...

31st Jul

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?

Where there are ongoing proceedings under section 8 of the Children Act 1989 (ChA 1989), in relation to which a mediation information and assessment...

31st Jul

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?

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...

31st Jul

Practice notes

Procedure—Schedule 1 to the Children Act 1989

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31st Jul

Precedents

Financial arrangements for children—client guide

Financial arrangements for children—client guideThis document provides general guidance regarding financial provision for children. Your family lawyer...

30th Jul

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.

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...

5th Jun

Applications under Schedule 1 to the Children Act 1989

View Family by content type:

Latest Family News

Family monthly highlights—July 2021

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Order authorising the sale of a minor’s property (Re Shanavazi)

Authorisation of deprivation of liberty of a child declined where placement unsuitable and no alternative available (Wigan Metropolitan Council v W and others)

Featured Family content

Property adjustment orders—procedural issues and drafting the order

Notice of acting

The no order principle

Restrictions on decree being made absolute—divorce

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

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Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Negligence—key elements to establish a negligence claim

Tort—the different types of tort

Public inquiry procedure

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