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.
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:
Schedule 1 Children Act allows for provisions to be made for future expenditure reasonably incurred as well as the following:
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:
Any of the following people can start an application:
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.
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.
Arrange a confidential consultation today with our family lawyers today on 0330 053 7117 or request a call-back.
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