The following Family guidance note provides comprehensive and up to date legal information covering:
Applications under Schedule 1 to the Children Act 1989 (ChA 1989) are governed by the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010). Schedule 1 proceedings are not, however, 'financial remedy proceedings' as defined in FPR 2010, PD 28A, and therefore the usual costs rule of no order as to costs (FPR 2010, SI 2010/2955, 28.3) does not apply (see: Costs in Schedule 1 cases). FPR 2010, SI 2010/2955, 2.3ChA 1989, Sch 1FPR 2010, PD 9A
With effect from 22 April 2014 the shortened financial remedy procedure applied to applications under ChA 1989, Sch 1 in accordance with Chapter 5 of FPR 2010, SI 2010/2955, Pt 9, (SI 2010/2955, 9.18–9.21A), however further amendments made by the Family Procedure (Amendment) Rules 2018, SI 2018/440 from 4 June 2018 provide that only an application for an order for periodical payments only under ChA 1989, Sch 1, paras 1(2)(a), 1(2)(b), 2(2)(a), and 9 will be dealt with under the shortened procedure (now called the ‘fast-track’) on or after that date. An application for a capital order will, therefore, be dealt with under the standard procedure, and an application for both periodical payments and capital orders will also be dealt with under the standard procedure. In addition, whereas prior to 4 June 2018, an application for variation of an order would be dealt with under the shortened procedure, the fast-track procedure is now limited to an application for the variation of a periodical payments order (subject to exceptions). See: Procedure, Variation and Practice Notes: Fast-track (shortened) financial remedy procedure and Issuing financial proceedings in Form A (standard procedure).
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