Applications under Schedule 1 to the Children Act 1989

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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

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

Notice of acting

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

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

15th Oct

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...

12th Oct

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 12th Oct

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 Oct

COVID-19

In-house

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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....

26th Sep

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...

26th Sep

COVID-19

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

25th Sep

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...

25th Sep

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...

26th Sep

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...

26th Sep

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),...

26th Sep

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 Sep

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 Sep

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?

Although referring to correspondence as opposed to court proceedings, the Resolution Good Practice Guidance to Correspondence states in relation to...

28th Sep

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 Sep

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 28th Sep

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 Sep

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 Sep

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 Sep

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 Sep

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 Sep

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 Sep

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 Sep

Brexit

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 Sep

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 28th Sep

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 Sep

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?

Under Schedule 1 to the Children Act 1989 (ChA 1989) an order may be made for the payment of a lump sum to be made for the purpose of enabling any...

29th Sep

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 29th Sep

Applications under Schedule 1 to the Children Act 1989

View Family by content type:

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Pension attachment orders

The no order principle

Private children—paramountcy of the child's welfare

Notice of acting

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

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Contractual damages—pecuniary losses

The Offshore Transmission Owner (OFTO) regime

Notaries and notarisation—notarisation

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