Schedule 1 of the Children Act allows parents, step-parents, guardians or other people with whom a child lives, to make an application for financial provision for the benefit of the child of children.
Types of Schedule 1 Children Act Orders
The Court has the power to make orders for capital lump sums, a transfer or settlement of property (to provide a home for the child or children), carers allowance and top-up maintenance including the payment of school fees.
These orders are particularly useful where a ‘non-resident’ parent is either wealthy or has significant income and the ‘resident parent’ or other care-provider does not have anywhere near the same financial resources and especially where the parties are not married.
It is important to exchange financial disclosure in order that legal advice can be given and informed decisions made. The Courts have the power to order reluctant parties to provide disclosure if they are unwilling to do so voluntarily.