Schedule 1 of the Children Act 1989 enables the family courts to make financial orders to ensure the welfare of children following divorce or separation.
A parent, guardian, special guardian or person with whom a child lives under a child arrangements order can apply to the courts for financial support from the other parent or guardian, for example, the payment of child support. In most cases, any financial support ordered will be paid until the youngsters in question reach the age of 18.
In certain circumstances, orders can also be made under Schedule 1 in favour of or against step parents.
This process is distinct from any financial claims made by parent for themselves during the divorce process. As the name suggests, Schedule 1 of the Children Act 1989 is solely concerned with the needs of children and corresponding financial support.
What is the Children Act 1989?
The Children Act 1989 is the primary piece of legislation that deals with matters concerning children in England and Wales. It states that, when making rulings, family court judges should consider a child’s welfare to be of the utmost importance – i.e. a decisive factor that should take precedence over any other consideration, such as the wishes of the parents.
In general, courts will promote a child remaining with their biological parents or those with parental responsibility. However, if members of the child’s family do not display suitable concern for their welfare, the courts can and do intervene.
The Children Act 1989 enables family courts to make the following financial orders for the benefit of a child:
- Periodical payments – i.e. regular payments, typically made monthly. Payment of these may be secured.
- Lump sum orders – these can be on a one-off basis or in instalments.
- The transfer or allocation of property.
Before they will issue a financial order, the courts will require each parent to provide detailed information on their current financial positions, as well as their likely financial positions in the future. These declarations will then be balanced with other factors to establish the appropriate level of financial provision for a child. These additional considerations include:
- The child’s particular financial needs
- The income, earning capacity (if any), property and other financial resources already available the child.
- Any physical or mental disabilities the child may have.
- The manner in which the child is being, or is expected to be, educated or trained.
Schedule 1 is the first and most important of no less than 15 appendices, or ‘schedules’, to the Children Act 1989.
What is a ‘schedule’ in law?
A ‘schedule’ is a formal appendix to a piece of legislation (an ‘act’) that adds supplementary details, lists, or provisions relevant to the issues covered by the main act. Schedules are commonly used to present complex information in a clear, accessible way, making the legislation easier to navigate without cluttering the main text.
Section 1 of Schedule 1 of the Children Act 1989 is unambiguously titled ‘Financial Provision for Children’. The sub-heading specifies that the schedule concerns ‘orders for financial relief against parents’ – i.e. parents the children do not live with on a day-to-day basis. The wording allows for rare instances in which it is appropriate to give financial support directly to the child:
“On an application made by a parent, guardian or special guardian of a child, or by any person who is named in a child arrangements order as a person with whom a child is to live, the court may make…
(a) an order requiring either or both parents of a child—
(i) to make to the applicant for the benefit of the child; or
(ii) to make to the child himself,
such periodical payments, for such term, as may be specified…
[a] lump sum as may be so specified…
…an order requiring a settlement to be made for the benefit of the child, and to the satisfaction of the court, of property—
(i) to which either parent is entitled…and
(ii) which is specified in the order;
(e) an order requiring either or both parents of a child—
(i) to transfer to the applicant, for the benefit of the child; or
(ii) to transfer to the child himself,
such property to which the parent is, or the parents are … as may be specified in the order.”
What the Schedule 1 Children Act 1989 can do
In the majority of cases, divorcing couples reach amicable agreements between themselves concerning child support – or else the Child Maintenance Service intervenes to regulate payment.
But Schedule 1 can be usefully employed to seek financial support for children in other cases, for example:
- When the family has significant assets.
- When a child of the family has a disability.
- When the parents did not marry before their separation.
- If the target of the financial order – i.e. the paying parent – lives outside the jurisdiction of England and Wales.
What the Schedule 1 Children Act 1989 cannot do
Schedule 1 of the Children Act 1989 cannot normally be used to seek financial support for children aged 18 or over, but is sometimes employed by family law professionals when there are special circumstances or needs, such as the child in question still being in education or training.
If you need more information on Schedule 1 of the Children Act 1989 and how it may apply to your situation, or if you are involved another child and parenting dispute, then contact Major Family Law today. We are a leading boutique family law firm operating across England and Wales. Our specialised family solicitors provide expert knowledge and advice on all parenting matters and concerns.
Get in touch today for a FREE initial 45-minute consultation. We believe that everyone is entitled to the best representation available, and so we provide a premium but affordable service for all our clients.
