Schedule 1 of the Children Act 1989 gives the family court power to order one parent to provide financial support for a child, whether through regular maintenance, a lump sum, or a transfer or settlement of property. It is most often used where the parents were never married, where a paying parent is wealthy enough that the Child Maintenance Service cannot capture the full picture, or where the child needs capital provision the CMS has no power to award. The court’s focus throughout is on the child’s needs, not on dividing assets between the parents the way a divorce court would.
What Orders the Court Can Make
Paragraph 1 of Schedule 1 sets out five types of financial order the court can make against one or both parents.1Legislation.gov.uk. Children Act 1989 – Orders for Financial Relief Against Parents They are broader than anything the Child Maintenance Service can award, and this breadth is the main reason Schedule 1 exists as a separate route.
- Periodical payments. Regular ongoing payments for the child’s maintenance, with the court setting both the amount and how long payments continue.
- Secured periodical payments. The same thing, but backed by a specific asset belonging to the paying parent so the asset can be used to satisfy the payments on default. These are unusual and reserved for cases where there is a real risk of non-payment.
- Lump sum payments. One-off capital payments for specific needs such as school fees, medical equipment, or furnishing a home. The court can order more than one lump sum during the child’s minority if new needs arise.
- Property settlement orders. An order requiring a parent to settle property for the child’s benefit, typically allowing the child and the resident parent to live in a property until the child reaches adulthood or finishes education, after which it reverts to the paying parent.
- Property transfer orders. An outright transfer of property to the applicant for the child’s benefit, or directly to the child. These are less common than settlements because they permanently deprive the paying parent of the asset.
In practice, the most common combination in high-value cases is a property settlement providing somewhere to live, periodical payments covering day-to-day costs, and sometimes a lump sum for a specific expense such as school fees or a car.
When Schedule 1 Is Used Instead of the Child Maintenance Service
The Child Maintenance Service has near-exclusive jurisdiction over regular child maintenance in England and Wales, so most parents cannot bypass it by going straight to court for periodical payments. Schedule 1 becomes relevant only where the CMS lacks jurisdiction or cannot deal with the full scope of what the child needs.
The most significant scenario is where the paying parent earns above the CMS gross income cap of £3,000 per week. The CMS can only calculate maintenance on income up to that ceiling, so the court can make a top-up periodical payments order under Schedule 1 to cover the shortfall. Schedule 1 also applies where the paying parent lives abroad and falls outside CMS jurisdiction, and where the claim involves capital provision such as property or lump sums, which the CMS has no power to award at any income level.
Who Can Apply
A parent, guardian, or any person named in a child arrangements order as the person with whom the child lives can apply for financial orders under Schedule 1.1Legislation.gov.uk. Children Act 1989 – Orders for Financial Relief Against Parents The applicant does not need to be the child’s biological parent. What matters is that they are responsible for the child’s day-to-day care and need financial support from the other parent to meet those responsibilities.
Adult children can apply in their own right too, but only in limited circumstances. Someone aged eighteen or over can only seek periodical payments and lump sums, and only if they are in full-time education or vocational training, or if special circumstances exist such as a disability preventing financial independence.2Legislation.gov.uk. Children Act 1989 – Schedule 1 The court will not entertain an application from an adult child who simply has not yet found work.
Orders Against Step-Parents
Schedule 1 orders are not limited to biological parents. The court can make an order against anyone who is a party to a marriage or civil partnership in relation to whom the child is a “child of the family.” In practice, this means a step-parent who treated the child as their own can be ordered to contribute.
Where an order is made against someone who is not the biological parent, the court applies extra considerations on top of the standard factors. It looks at whether the step-parent voluntarily took on responsibility for maintaining the child, how long that responsibility lasted, and whether they knew the child was not biologically theirs.3Legislation.gov.uk. Children Act 1989 – Schedule 1, Paragraph 4 It must also consider whether anyone else, such as the biological parent, has a liability to maintain the child. If an order is made against a step-parent, the court is required to record on the face of the order that the person is not the child’s parent.
What the Court Takes Into Account
Paragraph 4 of Schedule 1 lists the matters the court must weigh when deciding whether to make an order and how much to award. The judge is required to consider all of them.3Legislation.gov.uk. Children Act 1989 – Schedule 1, Paragraph 4
- Each parent’s income, earning capacity, property, and other financial resources, now and in the foreseeable future.
- Each parent’s financial needs, obligations, and responsibilities, including commitments to other children or dependants.
- The child’s financial needs: what it actually costs to house, feed, clothe, educate, and care for them.
- The child’s own income, earning capacity, or property, though this rarely matters for young children.
- Any physical or mental disability that increases the cost of care, including therapy, specialist equipment, and adapted accommodation.
- How the child is being, or is expected to be, educated, including private or specialist schooling consistent with the family’s circumstances.
The overriding principle is that the child’s welfare is paramount.4Legislation.gov.uk. Children Act 1989 – Section 1 In financial terms, that means providing a standard of living for the child that reflects the parents’ means. The goal is not to equalise wealth between the parents or to compensate the resident parent for the breakdown of the relationship. Every pound awarded has to be justified by reference to the child’s needs.
How an Application Works
An application is made on Form A1, which gives the court and the other parent formal notice of what orders are being sought. Both parties then complete Form E1, a detailed financial statement requiring full disclosure of assets, liabilities, income, and expenditure, including property valuations, pension interests, business holdings, and monthly outgoings. Omissions or misrepresentation can lead to costs penalties, adverse inferences, or in serious cases dismissal of the claim.
The current court fee for a financial order application is £313, dropping to £60 if the parties file a consent order reflecting an agreement they have already reached.5GOV.UK. Family Court Fees (EX50) Fee remission may be available for applicants on low incomes. Once issued, the application must be served on the other parent in accordance with the Family Procedure Rules 2010.6Legislation.gov.uk. The Family Procedure Rules 2010
The procedure then runs through three stages: a first appointment for case management and directions; a financial dispute resolution appointment, where the judge gives a without-prejudice indication of the likely outcome and encourages settlement; and, if no agreement is reached, a final contested hearing before a different judge. From filing to final hearing typically takes six months to over a year, longer where business or property valuations need expert evidence. Many cases settle at the FDR stage once both sides see a realistic preview of what a court would order.
Where the parties agree terms, they can ask the court to make a consent order instead. The court still has to approve the terms, so even an agreed order has to be in the child’s interests to be sealed.
Changing an Order and What Happens to Settled Property
Periodical payments orders can be varied or discharged if circumstances change. Either parent can apply, and the court looks at all the circumstances, including any change in the matters it originally took into account.7Legislation.gov.uk. Children Act 1989 – Schedule 1, Paragraph 6 Payments can also be suspended and later revived. If either parent dies, a guardian or special guardian can apply to vary or discharge the order. Lump sum and property orders, by contrast, are final once made.
Property settlements under Schedule 1 are not permanent gifts. They give the child a home during minority and revert to the paying parent once the child reaches a specified age or completes their education. Schedule 1 provision generally lasts while a child is under eighteen or still in education or training, and continues beyond that only in exceptional circumstances. Where a child has a disability that prevents independent living, the court may extend the settlement, but only on clear evidence that the child’s needs genuinely require it.