Q&As

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

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

  • 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

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