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What is the applicable procedure in relation to the final hearing of an application under Schedule 1 to the Children Act 1989? What are the relevant costs provisions for Schedule 1 proceedings?

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Published on LexisPSL on 10/01/2019

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  • What is the applicable procedure in relation to the final hearing of an application under Schedule 1 to the Children Act 1989? What are the relevant costs provisions for Schedule 1 proceedings?

What is the applicable procedure in relation to the final hearing of an application under Schedule 1 to the Children Act 1989? What are the relevant costs provisions for Schedule 1 proceedings?

An application under Schedule 1 of the Children Act 1989 (ChA 1989) is defined as a financial remedy by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 2.3, which states, inter alia, that a financial remedy includes ‘an order under Schedule 1 to the 1989 Act’. As such, ChA 1989, Sch 1 proceedings are governed by the procedure for a financial remedy set out in FPR 2010, SI 2010/2955, Pt 9 and FPR 2010, PD 9A.

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 under ChA 1989, Sch 1, paras 1(2)(a), 1(2)(b), 2(2)(a) and 9 will now be dealt with under the shortened procedure in FPR 2010, SI 2010/2955, Pt 9 (now called the ‘fast-track’) on or after that date. An application for a capital order made after 4 June 2018 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. See Practice Note: Fast-track (shortened) financial remedy procedure.

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