Schedule 1 Applications
Find out whether a Schedule 1 application could provide additional financial support for your child and what options may be available.
Schedule 1 Applications Solicitors
Not every financial claim relating to children is dealt with through child maintenance. In some circumstances, a parent or person caring for a child may be able to seek additional financial support under Schedule 1 of the Children Act 1989.
Schedule 1 applications can provide financial provision for children where this is appropriate, helping to meet a child’s needs beyond regular child maintenance payments. We can advise parents and carers on whether a Schedule 1 application may be appropriate and guide them through what can often be a complex area of law.
What is a Schedule 1 Application?
A Schedule 1 application is a legal claim that allows the court to make financial orders for the benefit of a child.
These applications are most commonly made where parents were never married or in a civil partnership, meaning financial claims available on divorce do not apply. However, Schedule 1 can also be relevant in other circumstances where additional financial provision is needed for a child.
Depending on the circumstances, the court may be able to order:
- Lump sum payments
- Financial support for specific expenses
- Provision of a home for a child during their childhood
- Payment of school fees or other educational costs
- Assistance with disability-related or exceptional expenses
Every case depends on its own facts, and not all applications will be eligible.
When Might a Schedule 1 Application be Appropriate?
Schedule 1 claims are often considered where:
- Child maintenance alone does not adequately meet a child’s needs
- One parent has substantial financial resources
- There is a need to provide suitable housing for a child
- A child has additional educational or medical requirements
- Parents were never married, and financial provision cannot be sought through divorce proceedings
The court will carefully consider the child’s welfare, both parents’ financial circumstances and the needs of the child before deciding whether an order should be made.
How Bridge McFarland Can Help
Schedule 1 applications can involve complex financial and legal issues. Getting specialist advice at an early stage can help you understand whether a claim is likely to succeed and what outcomes may be available.
Our experienced Family Law team can advise you on Schedule 1 Children Act 1989 claims, negotiate where possible and represent you throughout court proceedings where necessary. We can also advise on related matters, including child maintenance, Child Arrangements Orders and other child law issues.
If you would like advice about financial provision for children or making a Schedule 1 application, contact our Family Law team today on 0800 987 8800 or enquiries@bmcf.co.uk.
Frequently Asked Questions about Child Law
How easy this is to do and how to do it will depend on who has parental responsibility and whether all parties agree to the change. If all parties with parental responsibility have provided written agreement to the change this can be done easily via a Change of Name Deed. If one parent refuses, a Specific Issue Order will need to be obtained from the Court.
If your ex has parental responsibility, you cannot generally stop them from seeing your child without a Court Order in place. An exception to this would be if there are serious concerns about the child’s welfare or safety in which case, you should seek legal advice. If they don’t have parental responsibility, they do not have an automatic right to have contact with your child and would need to get a Court Order to do so if you don’t agree.
A Prohibited Steps Order is a court order which prevents a parent or guardian from taking specific actions regarding a child without the court’s permission. Examples include taking a child abroad and removing a child from school.
A Child Arrangements Order sets out where a child will live, who they will spend time with, and how contact will take place after parents separate or divorce. You might need a Child Arrangements Order if there is a disagreement between parents about where a child will live or when, where and how often contact can take place.
A Child Protection Plan is a plan put in place by the Local Authority to set out the action which is needed to reduce your child/children suffering harm. Under this plan a social worker is allocated to you and your family and regular meetings will take place (at least every 4 weeks) to review the plan and the progress which has been made.
This is a package of support which is put in place to provide extra support for your child/children and your family to address any areas of need and risk assessed by a Social Worker.
This is for families who might need a little extra support and is a group of people (including professionals, e.g; health visitors / social workers / teachers etc) who will work together to support you and your child/children to prevent any concerns increasing.
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