Two young children playing with puzzle shapes seen from above

Claims under Schedule 1 of the Children Act 1989 are considered in circumstances when financial provision is required in order to ensure a child’s needs are sufficiently met.

There are two categories of those who can potentially apply for financial provision for the benefit of a child under Schedule 1 of the Children Act 1989, these can be categorised as:

‘Paragraph 1’ claims – which include: parents, guardians, special guardians, and any person named in a Child Arrangements Order with whom the child is to live; and

‘Paragraph 2’ claims – which are applications by a person who has reached the age of 18, i.e. they are an adult child.

There are differences between the way in which the claims should be approached and the outcomes that can be sought, depending upon who is making the claim. Below is a summary of the key differences:

  Paragraph 1 Paragraph 2
Who can the application be made against? Either or both parents of a child and the definition of parent includes a biological parent or those who have become parents by operation of the law. Either or both of the adult child’s parents. Claims cannot be made against anyone who falls within the extended definition of a parent.
When can the application be made? The application can be made at any time before the relevant child reaches the age of 18. It is important to note that the order does not need to be made before the child attains the age of 18, but simply the application has been made by then. The adult child must be 18 or older and they will be or would be seeking further education or undergoing training for a trade, profession or vocation or there are special circumstances justifying an Order.
What claims can be made? Claims for periodical payments, secured periodical payments, lump sums, settlement of property and transfers of property can all be pursued. Only claims for periodical payments and lump sum orders can be pursued.

 

Given the complex nature of Schedule 1 claims, it is essential to obtain legal advice at the earliest opportunity to consider the merits of making a claim and the possible approaches that can be taken.

At Stephens Scown we have a dedicated team of experienced Family Law legal advisers who will be able to guide you through the process. Please contact us on 0345 450 5558 or enquiries@stephens-scown.co.uk