Q&As

A child periodical payments order was made (in a consent order on divorce), to end on the child completing their secondary education or attaining the age of 18, and has now lapsed. Can the child now apply for provision for their tertiary education? Does paragraph 2(3) of Schedule 1 to the Children Act 1989 prevent such an application being made? If the child cannot apply, can the parent with care apply on their behalf?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 15/06/2018

The following Family Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A child periodical payments order was made (in a consent order on divorce), to end on the child completing their secondary education or attaining the age of 18, and has now lapsed. Can the child now apply for provision for their tertiary education? Does paragraph 2(3) of Schedule 1 to the Children Act 1989 prevent such an application being made? If the child cannot apply, can the parent with care apply on their behalf?

The child is now over the age of 18, has completed secondary education and is entering tertiary education. The original maintenance has now come to an end, and the child wishes to apply themselves for financial provision under Schedule 1 of the Children Act 1989 (ChA 1989).

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