Understanding Schedule 1 Applications Under the Children Act 1989
Schedule 1 of the Children Act 1989 is an important legislation in the UK that provides a framework for financial provisions for children whose parents are not married or in a civil partnership. Under Schedule 1, the Court has power to make financial orders for the benefit of the children.
Under Schedule 1, applications can be made by a parent (biological and adoptive), guardian, or special guardian of the child. Any person named in a child arrangements order as someone with whom the child is to live. The child also can make an application under Schedule 1.
The court can make several types of financial orders for the benefit of the child depending on the circumstances, including:
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Periodical Payments Orders: Regular payments made to the applicant or directly to the child.
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Secured Periodical Payments Orders: Similar to periodical payments but secured against assets. This order can be made when the Court has finds that there is a real risk that the Respondent would not comply with the periodical payment order.
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Lump Sum Orders: One-time payments for specific needs.
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Settlement of Property Orders: Property settlements for the child's benefit.
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Transfer of Property Orders: Transfer of property to the applicant or directly to the child.
The application process involves several steps. Also, it is always recommended to consider Non-Court Dispute Resolution before submitting an application. However, if mediation fails, the case will go to court where a judge will review the application and make a decision based on the child's best interests.
In deciding what order to make, the court takes into account all the circumstances of the case, including the income, earning capacity and other financial circumstances of the applicant and the financial needs of the child.
In conclusion, Schedule 1 of the Children Act 1989 could provide much needed financial support for children of unmarried parents in order to ensure that their needs are met even when parental relationships end.
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