Schedule 1 Financial Provision for Children
What is Schedule 1?
This gives the family court power to make financial provision for a child. Schedule 1 financial claims are contained within Children Act 1989 and one focus is to look at the financial needs of the child. Overall, it is there to provide financial support for a child.
The Children Act 1989 focuses on principles of welfare of the child, that being the most important consideration. It includes family law for child arrangements orders which people still refer to as custody or residence and access or contact. The children law also provides some protective measures, to include prohibited steps orders and specific issue orders.
What financial claims can be made under Schedule 1 Children Act?
Under a Schedule 1 application the court has the power to make a variety of orders which can include:
- An order for lump sum
Lump sum orders can be made to purchase a car if needed for the child, for furnishing the home for a child’s needs and can even be applied for medical and dental fees.
- An order for property transfer or settlement of property
The transfer of property order under Schedule 1 Children Act 1989 is designed to meet the housing needs of children. The property will usually be return to the owner when the child attains the age of 18 years unless exceptional circumstances apply.
- Child maintenance, including school fees
This type of financial settlement is to meet the costs of child’s school needs, provide “top up” maintenance above any Child Maintenance Service assessment; or to address the costs of a child’s disability.
Periodical payments for school fees can be directed by the court to begin from the date of the application made under Schedule 1 Children Act 1989. In contrast periodical payments for “top up” can be backdated for 6 months prior to the Schedule 1 financial application.
The financial provision must be for the benefit of the child, but it can include such things as provision for a car, a carer’s allowance for the parent looking after the child and so on.
Expert legal advice is needed from a family solicitor to look at the financial needs, to include housing and any improvements that are needed, furnishing costs and so. This is so there is an overall financial settlement and to limit the prospect of having to keep reviewing the financial settlement as the child grows up.
What factors are considered in Schedule 1 cases?
The family court will consider all the relevant factors of your case, to include:
- The income, earning capacity and financial resources which each person has or is likely to have in the future
- The financial needs, obligations and responsibilities each person has or is likely to have in the future
- The financial needs of the child
- The income, earning capacity, property, and financial resources of the child
- Any physical or mental disability of the child
- The way the child was being or is expected to be educated or trained
Family law cases refer to ‘the lifestyle of the child reflecting that of the wealthier parent’ as guidance.
Can I make a financial claim for our child?
A Schedule 1 Children Act 1989 usually allows the parent with care of the child to request financial support for the child from the non-resident wealthier parent. This can include maintenance issues (including school fees) as well as a property claim and a lump sum(s) of money.
A claim for financial provision on behalf of the child can be made by a parent, guardian or special guardian, or any person who is named on child arrangements order as a person with whom the is to live with.
A child can also make their own Schedule 1 financial claim if they have reached the age of 18 and for example, they are in education or training; or there are special circumstances.
How do I make a Schedule 1 financial application?
The first step should be to seek legal advice from a family solicitor. This is to look at the facts and relevant issues in your case, and importantly to assess the financial needs of the child.
You will also need to attend a Mediation Information and Assessment Meeting (called a MIAM) You are then entitled to start a case before the family court. Of course, it may be possible to write to your ex-partner first and try to reach an out of court financial settlement, to save time and legal costs.
Once your Schedule 1 claim starts the court will process this and follow similar procedure to financial remedy case.
The family court will direct you both to complete financial disclosure by using Form E1 and list the case for a first hearing to review the family law and financial issues concerning the child. The overall focus should be to reach a fair and sensible financial settlement.
I have received a claim for financial provision for our child – what should I do?
The Respondent will usually be the biological parent of the child but not always. A child who has reached the age of 18 could make a Schedule 1 claim against both parents.
Schedule 1 Children Act claims are not limited to unmarried partners. It can include married couples even though there are separate divorce and financial claims. Also, even if you are married but not the biological parent, there could still be a financial claim if the child is classed as a ‘child of the family’.
If you received a letter from a family law solicitor about this or a Schedule 1 financial application, then it is important to seek independent legal advice. We are experts in this type of family law case.
My partner lives outside England & Wales can I still make a Schedule 1 claim?
We are experts in international family law cases and provide English legal advice.
We can consider the jurisdictional issues with you and even if your ex-partner lives outside England & Wales it may well be possible to make a Schedule 1 financial case. Equally, if you are outside this jurisdiction with your child and your ex-partner is here, then it may also be possible to consider a Schedule 1 case here.
It can be important to consider the jurisdiction or country which best suits the case in terms of financial outcome and to consider any enforcement issues before you make a final decision where to proceed. We can help you with that and our James Maguire is a Fellow of the International Academy of Family Lawyers.
Who pays the legal costs in a Schedule 1 financial provision case?
In most family law cases there is a principle that ‘each party pays their own costs’.
However, Schedule 1 financial cases are different. If the case has no merit, the family court could make a cost order against that party. There is also tactic in terms of the making and timing of offers to settle the case.
This also does not ignore the principle that if the financially weaker party is making a Schedule 1 claim on behalf of the child, then those costs are for the benefit of the child and can potentially form part of the financial settlement.
How can we help you with your Schedule 1 case?
Whether you are the person making the financial application (the applicant) or the person replying to it (the respondent) or indeed the child (if over 18) we can help you.
We are specialists in family law cases and are very experienced in financial claims involving children. We have dealt with cases which are complex, involving trusts, international issues and high value assets or incomes. We are also ranked in tier 1 for family law in the Legal 500, being an independent directory to the legal profession