The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
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 parent. ChA 1989, Sch 1 is ordinarily utilised where the parents are not married and, therefore, on separation, there is no scope for an application for financial remedies pursuant to the Matrimonial Causes Act 1973. The powers of the court are more limited in a ChA 1989, Sch 1 application, but the court can make orders for periodical payments, lump sums, or the settlement or transfer of property.
ChA 1989, Sch 1(1) provides that an application may be made by a parent, guardian or special guardian of the child. A guardian for these purposes is a guardian under ChA 1989, s 5.
ChA 1989, s 5 allows an individual to make an application to the court for an order that that individual be appointed the child’s guardian. The criteria in ChA 1989, s 5(1) are that:
the child has n
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