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?

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Published on LexisPSL on 11/01/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • 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, SI 2010/2955, 2.3 defines ‘financial remedy’ as including an application under ChA 1989, Sch 1.

FPR 2010, SI 2010/2955, 9.26 sets out the procedure on an application for a consent order in relation to a ‘financial remedy’. It does not explicitly exclude an application under ChA 1989, Sch 1, but nor does it make specific reference to it. In summary, the procedure specified by FPR 2010, SI 2010/2955, 9.26 is:

  1. the applicant must file two copies of a draft of the order in the terms sought, one of which must be endorsed with a statement signed by the respondent to the application signifying agreement

  2. each party must file with the court and serve on

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