Schedule 1 Claims

Nature of Schedule 1 Claims

Schedule 1 of the Children Act 1989 allows financial provision for children where parents are not married. These claims are concerned with provision for the benefit of the child rather than financial claims arising from marriage. In practice, the issues may still be substantial. The court may be asked to consider housing needs, interim support, capital expenditure for the child, educational or care-related costs and the overall financial structure needed to meet the child’s needs appropriately.

Orders may include housing provision, lump sums and maintenance. The form of order will depend on the facts of the case, the resources available and the needs of the child. Some claims concern relatively limited provision. Others may involve more significant issues about property occupation, the duration of provision, school fees or the level of financial support required in the child’s circumstances. The court will consider the statutory framework and the evidence placed before it.

Evidence and Preparation

Applications require structured financial evidence. That usually includes information about income, assets, liabilities, housing needs and the practical arrangements for the child. The court may also need to understand the standard of living previously enjoyed, the child’s current and anticipated needs, and the financial capacity of each parent. The quality of the evidence often has a direct bearing on whether the issues can be resolved by negotiation or require determination at a hearing.

These applications can sometimes arise alongside other family proceedings, including Children Act disputes or financial remedy proceedings in a different context. It is therefore important to identify at an early stage what relief is actually sought, what evidence will be required, and whether interim provision may be necessary before a final decision can be made.

When Representation May Be Needed

Representation may be needed where one parent seeks provision for a child following separation, where there is disagreement about housing or capital provision, or where the financial position of the parties is disputed. It may also be important where the case involves significant resources, a complex pattern of expenditure, or disagreement about what provision is properly for the child’s benefit.

The approach taken is measured and evidence-based. Schedule 1 claims require careful distinction between the needs of the child and broader disputes between adults. Proper preparation assists in presenting the claim clearly, narrowing the issues and ensuring that the application is advanced within the correct legal framework.

Direct Access and Litigation

Public Access accepted where suitable.

Acting Throughout England & Wales

Representation nationwide.