It is sometimes possible to seek financial assistance from a parent for the benefit of a child beyond standard Child Maintenance following an assessment under the Child Maintenance Service.

What Application can be made and what kind of Order can be obtained?

An application may be made under Section 15 of Schedule 1 of The Children Act 1989.

The types of Orders that can be made, which must be for the benefit of the child, include

·        Periodical Payments to the child direct, or to the Applicant for the benefit of the child

·        Lump sum to the child or to the Applicant for the benefit of the child

·        Settlement of property for the benefit of the child

·        Transfer of property to the child, or to the Applicant for the benefit of the child

·        An Order that the legal costs of the Applicant are met

The Court can make only one Order for settlement of property or transfer of property for the child although the Court has no limit on the number of Orders for periodical payments or lump sums.

This Application can be particularly helpful when only one parent owns a property, the parents are unmarried, and permission can be sought to secure the right of the child and the parent with care to occupy that property until the child reached age 18 years.

Who can make the Application and against whom is it made?

This remedy is available to unmarried parents, married parents and indeed can include a guardian, special guardian, or a person with a “Live With” Child Arrangement Order.  A child aged 18 in full time education may be eligible to make an application in their own right. The Schedule 1 Application would be made against one or both parents.

Would I make an Application under Schedule 1 if I am married?

Married parents can make applications under Schedule 1 but would normally simply use remedies provided by the Matrimonial Causes Act 1973.

What criteria will be considered by the Court before making an Order?

The Court will consider Section 15, Schedule1, Paragraph 4 (The Children Act 1989) when making any decisions which involves looking at all the circumstances of the particular case including:

(a) the income, earning capacity, property and other financial resources which each person has or is likely to have in the foreseeable future;

(b) the financial needs, obligations and responsibilities which each person has or is likely to have in the foreseeable future;

(c) the financial needs of the child;

(d) the income, earning capacity (if any), property and other financial resources of the child;

(e) any physical or mental disability of the child;

(f) the manner in which the child was being, or was expected to be, educated or trained.

Cost

Applications can be expensive and proportionality must always be considered. It is always wise to try to seek agreement before embarking upon litigation and Mediation should be considered.

I need advice on making a Schedule 1 Application what can I do?

We have an experienced family law team who can offer advice regarding your options. If you would like to get in touch with our team please contact your nearest Clark Willis Solicitors office or email family@clarkwillis.co.uk. We can then arrange you an appointment for bespoke advice.