Q&As

Is it possible for the parties to agree to oust the jurisdiction of the court in respect of an application for school fees or top up maintenance for the children under Schedule 1 to the Children Act 1989?

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Published on LexisPSL on 26/09/2018

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

  • Is it possible for the parties to agree to oust the jurisdiction of the court in respect of an application for school fees or top up maintenance for the children under Schedule 1 to the Children Act 1989?

While there does not appear to be case law dealing specifically with this point as to Schedule 1 to the Children Act 1989 (ChA 1989), such an agreement would appear to fall foul of the general rule that parties may not agree to oust the jurisdiction of the court, and to do so may render the agreement void or unenforceable, per Hyman v Hyman.

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