Schedule 1 Children Act 1989 Explained
The Schedule 1 Children Act 1989 gives the Court the power to make Orders for financial provision for children.
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.
There is a significant difference between a Schedule 1 Children Act 1989 claim and the claims that can be made by a parent in the context of divorce. The claim can only relate to the needs of the children, not the needs of the parent. Generally, any financial support will last only until a child is 18.
What Is the Children Act 1989?
The Children Act 1989 states the Court should consider a child’s welfare of utmost importance.
In general, the Court will promote a child remaining with their own parents or those with parental responsibility. However, if the child’s family is not suitably responsible for their welfare, the Court can intervene and make provisions where necessary. One of these provisions is Schedule 1 of the Children Act.
What Can the Schedule 1 Children Act 1989 Do?
The Schedule 1 provision of the Children Act 1989 is particularly relevant in cases where there is some wealth, or if the child has a disability. It is most often used in cases where parents have not been married. In certain circumstances, an Order can be made in favour of or against a step parent.
Moreover, financial provision applications for a child aged 18 or over cannot be made with the Schedule 1 Children Act. Although, an Order may be made if the child is over 18 and still in education, training for a trade, or there are special circumstances.
An application can still be made if the child is living in England and Wales, and the person against whom the Order is being made (the paying parent) lives elsewhere.
Which Financial Orders Can the Court Establish Under the Children Act 1989?
The court has the power to make the following Orders for the benefit of a child:
- Periodical payments
- Secured periodical payments
- Lump sum orders
- Settlement of property
- Transfer of property
The Court will also require each parent to provide detailed information of their financial positions. Additionally, it takes into account a number of factors when considering the appropriate level of financial provision for a child. These include:
- The financial circumstances of each parent currently 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
- The manner in which the child was being, or was expected to be, educated or trained.
If you need more information on the Schedule 1 Children Act 1989 or have another child and parenting dispute, contact Major Family Law. Our specialised solicitors can offer their expert knowledge and advice on all parenting matters and concerns. Get in touch today for an initial forty-five-minute consultation, free of charge.