Applications under Schedule 1 to the Children Act 1989

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Practice notes

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Drafting the terms of a financial consent order

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Emergency prohibited steps and child arrangements orders

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Undefended divorce proceedings

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Void and voidable marriages

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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 12th Jan

Practice notes

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Practice notes

Statements of truth in family proceedings

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Amended, supplemental and further petitions

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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

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General principles—lump sum orders

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Practice notes

Declarations of parentage—procedure

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

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 27th Jan

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?

An application can be made to the court for a 'top-up' maintenance order where a maintenance calculation has been undertaken by the Child Maintenance...

22nd Jan

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 8th Jan

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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 8th Jan

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 8th Jan

Q&As

Where an order has been made for child maintenance to be paid until the completion of secondary education, can the child subsequently make an application for maintenance if they then decide to go to university?

Where there is an order for child maintenance, whether agreed between the parties and incorporated into a consent order or ordered by the court by...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 8th Jan

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 8th Jan

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?

The starting point with regard to a calculation sought from the Child Maintenance Service (CMS) against a named parent is that the CMS will request...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Practice notes

Capital provision under Schedule 1 to the Children Act 1989

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15th Dec

Practice notes

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

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Precedents

Financial arrangements for children—client guide

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Practice notes

Procedure—Schedule 1 to the Children Act 1989

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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

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

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

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

Applications under Schedule 1 to the Children Act 1989

View Family by content type:

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