For the love of our children

Schedule 1 of the Children Act 1989 allows the English family court to order financial provision for children. Applications under Schedule 1 can be made by parents stepparents guardians special guardians any person named in a Child Arrangement Order as a person with whom a child is to live and indeed any child themself.

Schedule 1 is commonly used by unmarried parents given the difference in financial provision that can be made following the breakdown of a relationship for cohabiting couples compared to those couples who are married.

This article provides a brief summary of the law on Schedule 1 analyses two recent reported decisions and considers the impact of these cases on future Schedule 1 claims.

What orders can be made?

The courts have the power to make orders for the transfer or settlement of property lump sums periodical payments (in certain circumstances) and school fees orders.  Any order made by the Court must be for the benefit of the child (Schedule 1 (1)(2) Children Act 1989).

The courts power to make maintenance orders for children has been limited by the Child...

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