The Schedule 1 Children Act is a mechanism that allows the court the power to ensure children are financially provided for.
The primary carer of a child may be entitled to seek a financial provision, based on the needs of the child, from the non-primary parent; who doesn’t have day to day care of the child. Any financial provision would usually last until the child becomes an adult, completes further education or any other specified event or time.
If you’ve been married or in a civil partnership, then you seek a similar financial remedy under either The Matrimonial Causes Act 1973 or The Civil Partnership Act 2004.
What type of Children’s Act Orders can the Court grant?
Our specialist family lawyers can assist you with securing the following types of Orders for the purpose of meeting expenses relating to ether the birth of a child or maintaining a child or children:
- Lump sum orders: this is a on-off lump sum payment which can be made in instalments.
- Transfer of property: this is where a property is transferred to you to, for the benefit of the children in terms of housing needs being provided, for a specific period of time.
- Settlement of property: this where a property is transferred to you as a settlement.
- Periodical payments: these are regular payments made for the financial needs of the child.
- Secured periodical payments : this is where a security is provided against guaranteeing the periodical payment. An example of a security may involve a death in service insurance being policy being assigned to satisfy the benefit or a charge against an asset.
How can a Court Order for a schedule 1 application help me support my children?
Schedule 1 Children Act allows for provisions to be made for future expenditure reasonably incurred as well as the following:
- Funding rental payments in respect of supporting housing needs
- The cost of a vehicle to transport the child
- A sum of monies to be invested for future education fees such as child maintenance school fees or further study fees
- Furnishing and decoration of a house purchase for the benefit of the child
What factors are taken into account with a Children’s act applications such as Schedule 1?
You and your current partner will be required to make a full financial disclosure on your financial position.
There will be other factors taken into account also like:
- The income of each party including access to other financial sources (e.g investments) as well as future earning capacity.
- Current and future responsibilities, obligations and financial needs each party will have to the child as well as others such as other non-related dependents like children of other relationships, dependent relatives
- The financial needs of the child
- Any special needs or characteristics of the child such any physical or mental disabilities.
- The manner in which the child is being or was expected to be educated or trained. For example, if intended to attend private education or currently attending, then we’d expect this to funded so it can continue.
Who can apply for a Schedule 1 Children Act application?
Any of the following people can start an application:
- A parent
- A step-parent
- A guardian or special guardian
- Any person who has a Residence Order in favour of a child
- A child if over the age of 18 years whose parents are separated and if that child is in education or training.
Who would the Schedule 1 Children Act application be brought against?
The Schedule 1 Children Act application would usually be brought against the biological parent who does not have primary responsibility of the child.
An application may be made against a non-biological parent depending on whether the person assumed responsibility for the child and to what extent and they were of the child not being being biologically related.
My partner is not paying the child maintenance school fees. How do I make an Children’s Act application?
An application can be made with your local Family Court but prior to doing so it is essential that you properly assess the prospects of success to avoid the risk of being ordered to pay wasted costs.
You would also need to ensure that you have attended mediation.
Once your application has been processed by the Court, a hearing date will provided no more than 8 weeks from your application being filed.
Both parties should fill out a form E1 within 14 days of the application being issued.
You should aim to have a draft questionnaire prepared ahead of the hearing in respect further information required.
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