Schedule 1 of the Children Act 1989 allows the family court to make financial provision for a child. It focuses on meeting the financial needs of the child, ensuring their welfare is at the centre of any decisions made. The Act also covers wider child-related issues such as living arrangements (historically referred to as custody and access), as well as protective orders like prohibited steps or specific issue orders.
What kinds of financial support can the court order under Schedule 1?
Schedule 1 enables the court to make financial decisions tailored to the needs of the child. These include:
- Lump Sum Payments : these can be used for specific child-related expenses, such as buying a car, furnishing the child’s home, or paying for medical or dental care and can be not only claimed once.
- Property Transfers or Settlements : The court can order a property transfer to meet the child’s housing needs, often allowing the primary carer to live in the property until the child turns 18 or completes their education. Ownership usually reverts to the original owner once the child reaches adulthood unless there are exceptional circumstances.
- Child Maintenance and School Fees : Financial provisions can include “top-up” maintenance beyond what the Child Maintenance Service (CMS) provides, funds for private education, or covering additional costs related to disabilities. The court can direct school fee payments to start from the date of the application, while “top-up” payments may be backdated for up to six months.
These orders are always made for the benefit of the child, but they may also cover related expenses like carer allowances for the parent looking after the child.
What does the court consider in Schedule 1 cases?
In making a decision, the court examines several factors, including:
- The financial resources, income, and earning potential of each parent now and in the future.
- The child’s financial needs and resources, as well as any physical or mental disabilities they may have.
- The financial obligations and responsibilities of each parent.
- The child’s expected standard of living, reflecting the wealthier parent’s lifestyle.
- The way the child has been or is expected to be educated or trained.
Who can bring a Schedule 1 application?
The following individuals can apply for financial provision under Schedule 1:
- A parent, guardian, or special guardian of the child.
- A person named in a child arrangements order as someone the child lives with.
- The child themselves, once they turn 18, provided they are in education, training, or have special circumstances requiring support.
How do I make a Schedule 1 application?
- Understand your options : Get Started by seeking a judge-led legal opinion to understand your child’s financial needs and the relevant issues in your case.
- Attend Mediation : Mediation is a good way to reach agreement once a judge-led opinion has been presented. Avoid court proceedings by attending a Mediation Information and Assessment Meeting (MIAM).
- File the Application – If an agreement cannot be reached, you can begin a Schedule 1 application in court. Both parties will be required to disclose their financial circumstances using Form E1 and the court will set hearings to progress the case.
What should I do if I’ve received a Schedule 1 claim?
If you’ve been served with a Schedule 1 claim, it’s crucial to act quickly and seek independent advice. Most respondents are biological parents, but the scope of Schedule 1 can also apply to step-parents, married partners, or individuals who have acted as a parent to the child. A claim can even be brought by an adult child under certain circumstances.
What if one of us lives outside England or Wales?
International cases can often be brought under Schedule 1 if the child or one of the parents is living in England or Wales. It’s vital to consider which jurisdiction is most appropriate for the case, as this could affect the financial outcome and the enforcement of any court orders. Our partners at Paradigm Family law can help with this.
Who typically pays the legal costs in Schedule 1 cases?
Unlike most family law cases where each party pays their own costs, Schedule 1 cases are treated differently. The court may order a party to pay costs if a claim lacks merit. However, if the financially weaker parent is applying on behalf of the child, these costs may be treated as part of the child’s financial provision.
What Would a Judge Say?
At whatwouldajudgesay.com, we provide something unique: a detailed opinion on how a judge would likely view your case and the potential financial options available to you. Rather than waiting months or even years for court decisions, we bring you clarity and insight early in the process.
Our platform uses the expertise of senior family law judges and barristers to deliver impartial, non-binding legal opinions about your case. Whether you’re considering making a Schedule 1 application or responding to one, we can help you understand how a judge is likely to view your situation, empowering you to make informed decisions about your next steps.
Contact us today to learn more about our fixed-fee service and how we simplify the divorce process for you. Feel free to give us a call on +44 (0)20 3951 0212 or email hello@whatwouldajudgesay.com or use get started to share your unique situation.