Your Guide to Schedule 1 of the Children Act 1989
Schedule 1 of the Children Act 1989 allows the court to make financial provisions for a child’s benefit. This guide explains the types of financial orders the court can issue, the steps involved in the court process and how our highly experienced team of family law solicitors can help you.
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When Schedule 1 Children Act Schedule 1 Applications Are Most Useful
Claims under Schedule 1 of the Children Act are most often used where parents have never married or entered a civil partnership, and therefore cannot bring financial claims under divorce law. It is also used when the Child Maintenance Service (CMS) does not provide sufficient or appropriate support.
Typical examples include:
• One parent is living overseas, so the CMS has no jurisdiction.
• The paying parent earns more than the CMS income limit of £156,000 per year.
• The child has special needs or educational costs not covered by CMS payments.
• The resident parent needs help with housing or one-off costs for the child.
• The non-resident parent owns a property and the court can arrange occupation of that home for the child’s benefit.
These claims allow the court to ensure that the child enjoys a standard of living that reflects both parents’ financial circumstances, even when they were never married.
Child financial provision – Types of Orders
The court can issue various financial orders, depending on the circumstances of your case. These include:
- Periodical payments order: Regular payments for the child’s living expenses.
- Secured periodical payments order: Regular payments secured against assets.
- Lump sum order: One-time payments, which can be paid in instalments.
- Settlement of property order: Arrangements for property to benefit the child.
- Transfer of property order: Transfer of property ownership for the child’s benefit.
Financial Orders for children – Who Can Apply?
Those eligible to apply include:
- A parent of the child.
- A guardian or special guardian.
- An adult child.
- Anyone named in a child arrangements order as a person with whom the child lives.
Definition of a Parent
A “parent” under the Children Act includes biological parents and those recognized by law, such as stepparents or individuals in a marriage or civil partnership who treat the child as part of their family.
Definition of a Child
A “child” is defined as anyone under 18. However, adult children (over 18) can apply for financial support if they are in full-time education or training, or if there are special circumstances like a disability.
For the Benefit of the Child
Any financial claim must be for the child’s needs, and any order made must benefit the child directly or indirectly through the applicant.
4 Types of financial orders for children
1. Periodical Payments Order
This order requires the non-resident parent to make regular payments to cover the child’s day-to-day expenses. It can also include a carer’s allowance for the primary caregiver. The court’s power to make these orders is limited by the Child Support Act 1991 and includes:
- Situations where the Child Maintenance Service (CMS) does not have jurisdiction (e.g., the paying parent is abroad).
- Agreements between parties for periodical payments (valid for 12 months).
- Educational expenses, including school fees.
- Costs related to a disability.
- Top-up orders for high-income non-resident parents (income over £156,000 per year).
2. Lump Sum Order
This order requires the non-resident parent to pay a lump sum for one-off expenses benefiting the child, such as educational equipment, a car, or home furnishings. The court considers the child’s individual needs and circumstances when determining the lump sum amount.
3. Settlement of Property Order
This order requires the non-resident parent to provide funds to purchase a property or transfer ownership of a property to trustees for the child’s benefit. The property will be a home where the child lives with the parent with care. Ownership reverts to the non-resident parent when the child turns 18 or finishes full-time education. Only one settlement of property order can be made for the same child, but it can include provisions for a replacement property.
4. Transfer of Property Order
This order requires the non-resident parent to transfer a property they own to the parent with care or the child. The property will be a home where the child lives with the parent with care. Ownership reverts to the non-resident parent when the child turns 18 or finishes full-time education.
Children Act Schedule 1 Orders – Factors the Court Considers
When deciding on an order, the court considers:
- The income, earning capacity, property, and financial resources of each person.
- The financial needs, obligations, and responsibilities of each person.
- 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 child’s education or training.
How the Court Calculates Financial Provision
Every case is individual, but the court’s aim is to make sure the child’s needs are properly met while balancing fairness between the parents.
Judges will look at:
• The child’s housing, clothing, and educational needs.
• The child’s lifestyle before separation and each parent’s ability to maintain that.
• The non-resident parent’s resources, including salary, bonuses, and assets.
• Whether either parent already provides financial or in-kind support.
• The carer parent’s financial position, including loss of earning capacity through childcare.
The court has wide discretion, but every decision must be based on the child’s best interests.
How to Apply and the Court Process
- Mediation: Attend a Mediation Information and Assessment Meeting (MIAM) before applying, unless exempt (e.g., domestic violence cases). Mediation is usually done face-to-face but can be done remotely using a video call.
- Application: Use Form A or A1, depending on the orders sought.
- Court Process:
1. The court sets a first hearing date after issuing the application.
2. The court or the applicant serves the application, notice of hearing, and a blank financial statement (Form E1) on the respondent.
3. Both parties file and serve financial disclosures using Form E1.
4. If the court cannot decide at the first hearing, it may request further evidence and set a date for a directions hearing or final hearing.
5. There is a short form procedure for periodical payments applications, but it may not be suitable in all cases.
Temporary and Interim Orders
In urgent situations, the court can make interim orders to provide short-term help before the final hearing. These might include:
• Interim periodical payments – temporary maintenance until the case concludes.
• Interim lump sums – to cover pressing needs, such as rent, school fees, or legal costs.
These orders prevent unnecessary hardship while the full financial picture is being reviewed.
Housing and Property Arrangements
Housing is one of the most significant issues in Schedule 1 claims. The court can order that a property be used as the child’s home until adulthood.
• In most cases, ownership remains with the paying parent.
• The property is held on trust and reverts to the paying parent when the child turns 18 or completes education.
• If the home is sold, the proceeds can be used to buy a smaller replacement property.
This type of arrangement provides security for the child while avoiding permanent transfer of assets.
Duration of Schedule 1 Orders – How long do they last?
- Periodical payments or secured periodical payments can start from the application date but usually end by the child’s 18th birthday, unless the child is in training or has special circumstances.
- Orders cease on the death of the payer.
- Property orders typically end when the child turns 18 or finishes full-time education, with provisions for a gap year.
Varying or Enforcing a Schedule 1 Order
Circumstances change over time, and either parent can ask the court to vary (change) an existing order if, for example:
• A parent’s income increases or decreases significantly.
• The child’s educational or medical needs change.
• The child begins or finishes full-time education.
If one parent fails to comply with an order, the other parent can apply for enforcement. The court has several powers, including attachment of earnings orders, charging orders on property, or even committal proceedings in serious cases.
Funding for Legal Costs
- Schedule 1 does not specifically provide for interim legal costs, but courts can order interim periodical payments or lump sums for legal costs if the applicant cannot obtain legal advice otherwise. This can be a very useful tool if you are short of cash and the other party is better off.
- The applicant must show they cannot use their assets, raise a loan, or get legal aid.
Jurisdiction form the Children Act 1989
- Based on the child’s habitual residence in England and Wales.
- The court can make orders if the payer is in England and Wales, even if the child is not.
Schedule 1 Children Act – Its Relationship with Other Legal Remedies
Schedule 1 is a stand-alone remedy for children’s financial provision. It does not give rights equivalent to divorce settlements or spousal maintenance. However, it can work alongside other proceedings, such as:
• Child arrangements orders about where the child lives.
• Trusts of Land (TOLATA) claims for property interests between cohabiting parents.
• Inheritance Act claims if a parent has died without making proper provision for a dependent child.
Your solicitor will advise on which combination of remedies best protects your and your child’s interests.
Legal Representation and Costs
Schedule 1 applications can be complex, especially when property or high income is involved. Experienced legal advice helps ensure full disclosure of the other parent’s finances and the right evidence is presented to support your claim.
While legal aid is limited, the court can in some cases order the other parent to make interim payments towards your legal costs if you have no other means of funding your case.
Our specialist family law solicitors can:
• Assess whether Schedule 1 is the most suitable route.
• Prepare the necessary court applications and disclosure statements.
• Negotiate settlements without a final hearing if possible.
• Represent you in court hearings if required.
Why Choose Our Schedule 1 Children Act Solicitors
At Bonallack & Bishop, our family law team have particular experience helping unmarried parents secure fair financial arrangements for their children. Our team includes a serving District Judge and a jointly qualified family lawyer/mediator. We handle cases across Wiltshire, Hampshire, Dorset, and nationwide.
We offer:
• Real expertise – our team includes a serving District Judge and a jointly qualified family lawyer/mediator.
• Practical, sensitive advice focused on your child’s welfare.
• Clear explanations of your legal options.
• Strong negotiation and representation in court when needed.
• Local expertise and national coverage.
If you believe the other parent is not providing fair financial support, or you need legal help arranging housing for your child, contact our Schedule 1 team today for an initial consultation.
Schedule 1 Children Act Solicitors – Frequently asked questions
Who can apply under Schedule 1 of the Children Act 1989?
Applications can be made by a parent, guardian, or anyone with whom the child lives under a child arrangements order. Adult children in education or with disabilities can also apply in limited circumstances.
What is the difference between Schedule 1 and Child Maintenance Service payments?
The CMS deals with basic child maintenance. Schedule 1 allows the court to order extra financial provision—such as lump sums, school fees, or housing—especially where the paying parent earns above the CMS limit or lives abroad.
Can the court make more than one type of order?
Yes. The court can combine different orders, for example a lump sum and a property settlement, to meet the child’s needs.
Do Schedule 1 orders affect property ownership permanently?
Usually not. Most property or housing orders are temporary and end when the child reaches 18 or finishes full-time education, after which the property reverts to the paying parent.
How long does the Schedule 1 process take?
It depends on the complexity of the case. Straightforward applications may conclude within a few months, but cases involving property or disclosure disputes can take longer, especially if a final hearing is required.
