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Schedule 1 refers to Schedule 1 to The Children Act 1989

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.

What Is The Schedule 1 Children Act 1989? - Major Family Law


chedule 1 to the Children Act 1989 is governed by the Children Act 1989. The purpose of schedule 1 Children Act 1989 is to allow the family courts the power to make financial provisions for the children. A claim under schedule 1 Children Act 1989 is usually made when the resident parent of the child is making a claim for financial support from the wealthy non-resident parent.
What is the Children Act 1989?

The Children Act 1989 is one of the key legislations in family law. This act provides a comprehensive framework for the care and protection of the children. The focus of Children act 1989 to ensure the welfare of the child is of the paramount consideration until the child’s 18th Birthday.

The Children Act 1989 provides the duties which must be carried out in respect to a child by the parent, the local authorities, the courts and other agencies in the United Kingdom to ensure that children are safeguarded, and their welfare is promoted. The Children Act 1989 is also the legislation which details the requirements when making applications for the family court in respect of child custody or child contact.
What does Schedule 1 of the Children Act 1989 provide for?

Under the Schedule 1 of the Children Act 1989 it is possible to obtain financial support. Schedule 1 contacts the courts powers to make financial orders for children. Schedule 1 of the Children Act 1989 covers 3 situations:

Orders that a parent pay maintenance or lump sum or transfer property to children whilst the child is under the age of 18;
Orders for periodical payments or a lump sum where the first time an application is made when the child is aged over the age of 18; and
Alteration of maintenance agreements containing financial provision for a child, this could take place either during the joint lives of the parents of following the death of one of them.

As the schedule 1 makes it clear that any order made to the applicant is purely for the benefit of the child.
Who can apply got for a claim under schedule 1 Children Act 1989?

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 names on the child arrangements order as a person with whom the is to live with. Para 1(1).

A child who has reached the age of 18 is also able to make an application for an order under paragraph 2(1) of schedule 1 if:

a) If they would be receiving instruction at an educational establishment or undertaking training for a trade, profession or vocation; or
b) There are special circumstances which justify the making of an order.

The court can also make an order under schedule 1 Children Act 1989 at any time it makes, varies or discharges a special guardianship order or any provision in a child arrangements order under paragraph 1(6). The court can also make a Schedule 1 Children Act 1989 order at any time where a child is a ward of the court under paragraph 1(7).
Against whom is a schedule 1 Children Act 1989 order made against?

The respondent to a schedule 1 children Act 1989 order will be the other biological parent. It is not limited to unmarried partners and extends to married partners where the child concerned is a child of the family.

For a schedule 1 order to be made there must be a connection between the child and the respondent. This connection must either be biological or by reference to the respondents married or civil partner status.

An order cannot be made against a same sex partner where there is no biological relationship or civil partnership. A child over the age of 18 can make an application against either or both parents providing they do not live together and there was no order in force with regards to the child reaching the age of 16.
How do you make an application under Schedule 1 Children Act 1989?

Prior to making an application under Schedule 1 the applicant will be required to attend mediation unless an exemption applies. Once an Mediation Information and Assessment Meeting has been attended to or an exception applies, the application will need to be made on Form A1. The courts also refer to this application as a financial remedy application. The completed Form A1 must then be sent to the family court together with an application fee of £215.00.

Once the court received the application for a Schedule 1 under Children Act 1989 they will then issue the same and within 4 days the application will be sent to the respondent together with the notice of hearing and a blank Form E1. The purpose of the Form E1 is for the parties to the application to complete their financial application. The Form E1 must then be completed and filed with the court within 14 days from the date the original application was issued. Following the completion of the Form E1 no party will be allowed to request further disclosure until the first hearing.

The first hearing date will be fixed no earlier than 4 weeks from the application and no later than 8 weeks from when the application under schedule 1 Children Act 1989 was made.