Schedule 1 of the Children Act 1989 allows certain people to apply to the family court for financial provision for a child. It is one of the most useful but least understood tools in family law. It applies whether or not the parents are married, and can be used to secure a wide range of financial support including lump sums, periodical payments and even a home.
This guide explains what Schedule 1 is, who can apply, what the court can order and how the process works.
Schedule 1 sits within the Children Act 1989 and gives the family court power to make financial orders for the benefit of children. It is distinct from child maintenance, which is normally dealt with by the Child Maintenance Service.
The most common Schedule 1 orders are:
Schedule 1 orders are made in the name of the child but are administered by the parent with care. The aim is to meet the child's needs, not to provide for the parent.
The following can apply:
The key point is that you do not need to be married to the other parent. Schedule 1 is the main route to financial provision for unmarried parents whose relationship has ended. For married couples, financial remedy proceedings on divorce will usually cover children's needs as part of the wider settlement.
Schedule 1 is most commonly used in three situations:
This is the most common scenario. The parents were never married, the relationship has ended, and the parent with care needs financial provision for the child beyond what the CMS can order.
The CMS calculates child maintenance using a formula that is capped at gross income of £156,000. Where the paying parent earns more, the court can be asked to top up under Schedule 1.
Where the parent with care needs a suitable home for the child, the court can order the other parent to provide capital for housing. This is typically done by way of a property settlement that reverts to the paying parent once the child reaches a certain age.
The court has wide discretion under Schedule 1. The factors it considers include:
The court will also consider the standard of living the child has been used to, although this is given less weight than the child's actual needs.
Where housing is the central issue, the court can order a property settlement for the child's benefit. The typical structure is:
This is sometimes called a Mesher-style settlement, although the term is more commonly used in divorce financial remedy cases. The principle is similar: providing a home for the child without permanently transferring the capital.
Most Schedule 1 orders end when the child reaches 18 or finishes full-time education, whichever is later. Periodical payments orders typically continue until the child completes secondary education, with possible extension if the child is in further education or training.
Capital settlements can be structured to revert to the paying parent once the child reaches a specified age.
Provision can also be made for adult children with disabilities, although this is a more complex area requiring specialist advice.
The applicant files Form A1 (the Schedule 1 application form) at the family court. The form is similar in structure to Form A used in financial remedy proceedings but is specifically for Schedule 1.
The process typically involves:
Most cases settle before final hearing. The structured disclosure and the encouragement to settle at the equivalent of an FDR usually produce agreement.
Costs orders are more common in Schedule 1 than in standard financial remedy proceedings. The court has discretion to order one party to pay the other's costs where appropriate. This often happens where one party has acted unreasonably or where there is a significant disparity in income.
That said, costs orders are not automatic. The starting position is still that each party bears their own costs.
It can be used at any income level. Most Schedule 1 cases involve ordinary middle-income parents.
You can be married. Most married parents use financial remedy on divorce, but Schedule 1 is available if needed.
It does not. The CMS handles standard child maintenance. Schedule 1 deals with provision beyond the CMS calculation, including top-ups, lump sums and property.
It does not. Schedule 1 orders are for the benefit of the child, even though the parent with care administers the funds.
Schedule 1 cases are technical and the court has wide discretion. The way you present financial evidence and articulate the child's needs makes a significant difference to outcome. Taking specialist advice early is usually worthwhile, particularly for cases involving property settlements or significant assets.
A direct access barrister with Schedule 1 experience can advise on the prospects of an application, prepare the evidence and represent you at hearings.
If the issues in this guide apply to your situation, our team can match you with a barrister who works on cases like yours every week. The enquiry is free and you will receive a clear fixed-fee quote before any work begins. Start your enquiry here.