Maintenance provision for children under Schedule 1 to the Children Act 1989
Maintenance provision for children under Schedule 1 to the Children Act 1989

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Maintenance provision for children under Schedule 1 to the Children Act 1989
  • Introduction
  • Who may apply?
  • Jurisdiction
  • What orders may be made?
  • Interim orders
  • Children over 18
  • Matters to which the court is to have regard in making orders for financial relief
  • Half siblings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit and family law. This Practice Note sets out the current position on maintenance provision for children under Schedule 1 to the Children Act 1989.

This Practice Note sets out the jurisdiction of the court to make a periodical payments order for a child (maintenance provision) under Schedule 1 to the Children Act 1989 and details what orders may be made, who may apply, the circumstances in which an order may be made for a child over 18, half siblings, matters the court will have regard to and relevant case law.

Introduction

Most child maintenance will be dealt with by the Child Maintenance Service (CMS) (see Practice Notes: Statutory child support scheme and Periodical payments for children—General considerations), however, by virtue of section 15 and Schedule 1 to the Children Act 1989 (ChA 1989), the court has jurisdiction to make a periodical payments order for a child in certain defined circumstances. The majority of such applications relate to parties who have not married or formed a civil partnership. The issue of whether a periodical payments order under Sch 1 could include an element of 'carer's