In recent years, there has been a notable rise in the number of children born to unmarried parents in England and Wales.
When these parents separate, a common misconception is that there is no legal framework available to them to secure financial support for their child beyond the Child Maintenance Service.
As cohabitation becomes more prevalent, it is crucial for unmarried parents to understand how they can obtain financial provision for their child if the parental relationship ends.
What is Schedule 1 of the Children Act 1989?
Schedule 1 of the Children Act 1989 deals with the financial rights of unmarried mothers and fathers, allowing parents to apply for limited financial provision for their child from the other parent.
Who May Apply for Support Under Schedule 1 of the Children Act 1989?
- A parent of a child;
- A guardian or special guardian of a child;
- An adult child;
- Any person named in a child arrangements order as a person with whom the child is to live.
What Orders Can Be Applied For?
The Schedule 1 Children Act 1989 financial provisions can include:
- Periodical payments (for themselves on the child’s behalf or directly to the child).
- Secured periodical payments (for themselves on the child’s behalf or directly to the child).
- Lump sum (for themselves on the child’s behalf or directly to the child).
- Settlement of property for the benefit of the child.
- Transfer of property (to themselves on the child’s behalf or directly to the child).
What is a Periodical Payments Order?
A periodical payments order requires the non-resident parent to make regular monthly payments to the parent with care to meet the child’s day-to-day living expenses.
However, while periodical payments are part of the financial rights of unmarried mothers and fathers, the court’s power to make periodical payments orders is limited by the Child Support Act 1991.
What is a Lump Sum Order?
A lump sum order requires the non-resident parent to pay one or more lump sums to the parent with care to cover specific expenses, such as furnishing and equipping a home, buying clothing for the child, or provision for a car.
What is a Settlement of Property Order?
A settlement of property order requires the non-resident parent to provide funds to purchase a property for the benefit of the child. Ownership of the property typically reverts to the non-resident parent when the child turns 18 or completes higher education.
What is a Transfer of Property Order?
A transfer of property order requires the non-resident parent to transfer a property that they own to the parent with care of the child. The property typically reverts to the non-resident parent when the child reaches 18 or graduates from full-time higher education.
Schedule 1 of the Children Act 1989: Factors the Court Must Consider
When deciding whether to make an order under Schedule 1 of the Children Act 1989, and if so, what order to make, the court must consider all the circumstances of the case, including the following factors:
- The income, earning capacity, property, and other financial resources a parent has or is likely to have in the future.
- The financial needs, obligations, and responsibilities a parent has or is likely to have in the foreseeable future.
- The financial needs of the child.
- The income, earning capacity (if any), property, and other financial resources of the child.
- Any physical or mental disability of the child.
- How the child is being or is expected to be educated or trained.
Expert Support with Financial Rights of Unmarried Mothers and Fathers
Schedule 1 of the Children Act 1989 is a vital tool in ensuring that children receive the financial support they need when their parents separate.
This is a complex area of law, and therefore, it is essential for parents to seek legal advice to understand how to make an application under Schedule 1 of the Children Act 1989, as well as the potential outcomes.
If you are currently going through a separation, our experienced and friendly team of family solicitors can help navigate the complexities of this highly discretionary area of the law, ensuring that any applications made are well-founded and serve the best interests of the child. Get in touch today to discuss your case.
