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?

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Published on LexisPSL on 16/03/2016

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

  • 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?
  • Can other provision be made for legal costs in Schedule 1 proceedings?
  • What is the procedure for an interim application under Schedule 1?

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 Matrimonial Causes Act 1973 (MCA 1973) and the Civil Partnership Act 2004 (CPA 2004) following amendments to those Acts made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA 2012). Such orders are not available in relation to proceedings under Schedule 1 to the Children Act 1989 (ChA 1989), as highlighted by Mostyn J in Rubin v Rubin.

See also Practice Note: Funding—legal services orders and costs allowances and costs allowances.

Can other provision be made for legal costs in Schedule 1 proceedings?

Although there was some doubt as to whether it was permissible for the court to make an order as to provision for legal costs in ChA 1989, Sch 1 proceedings, following the decision in W v J (Child: Variation of Financial Provision), subsequent authorities suggest that such power exists.

In CF v KM, Charles J held that:

  1. provision for legal costs could be made not only for

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