What is a Schedule 1?
Schedule 1 is contained within The Children Act 1989 and gives the Court the power to make orders for financial provision for children.
The Schedule 1 is often used in cases where parents have not been married and need further financial support from the other parent to support the needs of the children. It is a particularly relevant in cases where there is considerable wealth or if the child has a disability.
Who can make a Schedule 1 application?
A parent, guardian, special guardian or person with whom a child lives under a Child Arrangements Order can apply to the Court for financial provision for a child against the other parent of the child.
The claim made by the parent or guardian of the child can only make a claim for financial provisions that solely relate to the needs of the children, not their own needs. Therefore, unlike in the context of divorce, this application is solely for the needs of the children. The needs of the children can include: school fees, transport fees, holidays, housing needs and general maintenance.
In relation to overseas cases, an application can still be made if the child is living in England and Wales and the person that the Order is being made against (the paying parent) lives elsewhere in the world.
Financial provision applications for a child aged over 18 can only be made if the child is still in education, training for a trade or there are special needs and circumstances.
What orders can the Court make under Schedule 1?
Schedule 1 applications can provide financial provisions to a parent or guardian of the child to receive financial support to meet the needs of the child. The Court can order the below financial orders for the benefit of a child:
- Periodical payments: such as school fees or disability expenses;
- Lump sum orders to meet the expense of a specific cost such as furnishing or equipping a home for the child’s benefit or the provision of a car for the benefit of the child;
- Settlement/Transfer of property: The court can order a parent to purchase or transfer a property to the parent with care of the child for as long as it will benefit the child. Once, it is no longer needed, the property will commonly revert to the paying parent.
An order made will usually state within it that the payments will terminate when the child reaches the age of 18 or finishes full time tertiary education.
What circumstances does the Court take into consideration?
The Court will require each parent to provide detailed information on their own financial circumstances as the Court will take that into consideration when deciding on the appropriate level of financial provision to provide for the benefit of the child and what is necessary to meet the child’s needs.
These include:
- The financial circumstances of each parent both now and in the future;
- The financial needs of any children;
- The income, earning capacity (if any), property and other financial resources of the child;
- Any physical or mental disability of the child; and
- The manner in which the child was being or was expected to be, educated or trained.
It is important to remember that the purpose of these applications is to ensure the child’s needs are being met. The Court’s paramount consideration in accordance with the Children Act 1989 will be the welfare of the child.
