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Child Care Solicitors

Schedule 1 Application - Children Act (29 February 2012)

Date: 29/02/2012
Duncan Lewis, Child Care Solicitors, Schedule 1 Application - Children Act

Under Schedule 1 of the Children Act, you can make a financial application for a child to the court relating to maintenance payments and property settlement. This will cover periodic maintenance payments and periodical lump sum maintenance payments as well as the settlement and/or the transfer of property, and in certain circumstances, it is possible for the court to issue an order for periodic payments in the interim. These applications are usually made through the county court.

Various people can make the application in various capacities. If you are a parent, step-parent or guardian of a child or have a residence order relating to the child, or even if you yourself are the child and over 18, you can make such an application. Under normal circumstances, however, the application will relate to a child under the age of 18.

Completing Form CHA13 and accompanying this with a statement of means is the method of making the application, with a copy of each of them being served on the respondent, and a court fee is charged to get the proceedings underway. The respondent is allowed 14 days to respond following the start of the proceedings, and an initial hearing date will be fixed by the court for a directions hearing, which is the next step in the legal process.

In the case of children over the age of 18, they can only make the application on their own behalf if they are undergoing training or education or where special circumstances pertain and the parents are not cohabiting.

The court may look at an application for periodical payments in the interim during the following directions hearing, although the usual procedure is that the court establishes a timetable for preparation and planning of the case, and that only the exchange and filing of the relevant documents take place during the directions hearing.

The issuing of any orders for financial relief by the court has to take into account a number of different factors. These include the financial needs and circumstances of the child in question, as well as any financial resources, property or earnings of the child. Any disabilities of the child and its actual or prospective education or training are also considered. The financial circumstances of the parents or step-parents will also be scrutinised by the court during this phase of the proceedings.

The court will make an order for periodical payments only where the CSA (Child Support Agency) has no jurisdiction in the matter, and the amount will reflect the contribution made to the upbringing of the child by the parent with care, and include an allowance.

A lump sum payment is usually connected with a birth and its associated expenses, and there is no limit to its size. It may also be paid in instalments.

Provision of property applies only during the child’s minority, and on the child reaching 18 or completing its education the property will revert to the transfer.

Duncan Lewis and other Children Act solicitors will be able to elaborate on these and other related matters.


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