Procedure—Schedule 1 to the Children Act 1989


Published by a ÑÇÖÞÉ«ÇéÍø Family expert
Practice notes

Procedure—Schedule 1 to the Children Act 1989


Published by a ÑÇÖÞÉ«ÇéÍø Family expert

Practice notes
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This Practice Note sets out the procedural requirements in relation to an application under Schedule 1 to the Children Act 1989 (ChA 1989) for either capital or maintenance provision for a child. It considers the financial remedy procedure under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, the court's powers to vary an order under ChA 1989, Sch 1 and the applicable costs rules.

Applications under ChA 1989, Sch 1 are governed by FPR 2010. Although an order under ChA 1989, Sch 1 is a ‘financial remedy’, the proceedings are not 'financial remedy proceedings' as defined by FPR 2010, SI 2010/2955, 28.3(4)(b), and therefore the usual costs rule of no order as to costs does not apply—see: Costs in Schedule 1 cases.

The fast-track (shortened) financial remedy procedure has, in the past, applied to all applications under ChA 1989, Sch 1. However only an application for an order for periodical payments only will be dealt with under the fast-track procedure. An application for a capital order, or an application for both periodical payments

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Jurisdiction(s):
United Kingdom
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Key definition:
Schedule 1 definition
What does Schedule 1 mean?

In the family law context, an application for financial provision in respect of a child under Schedule 1 to the Children Act 1989 for maintenance or capital provision.

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