Orders for financial relief against parents
SCHEDULE 1 Financial Provision for Children
1 (1) On an application made by a parent[F1111 , guardian or special guardianF1111] of a child, or by any person [F1112who is named in a child arrangements order as a person with whom a child is to liveF1112] , the court[F1113 may make one or more of the orders mentioned in sub-paragraph (2).F1113]
F1114(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1114(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—
(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and
(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;
Defined in Sch.1 para.16(2) · see it in the full Act21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).
Defined in Sch.3 para.21 · see it in the full Act“special guardian” and “special guardianship order” have the meaning given by section 14A;
Defined in s.105(1) · see it in the full Act16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.
Defined in Sch.1 para.16(1) · see it in the full Act“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;
Defined in s.105(1) · see it in the full Act"child arrangements order " means an order regulating arrangements relating to any of the following—
with whom a child is to live, spend time or otherwise have contact, and
when a child is to live, spend time or otherwise have contact with any person;
“child arrangements order” has the meaning given by section 8(1);
Defined in s.105(1) · see it in the full Act(7) For the purposes of this Act “the court” means the High Court or the family court .
Defined in s.92(7) · see it in the full Act(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;
Defined in Sch.1 para.6(9) · see it in the full ActJurisdiction is invoked when a qualifying parental application is issued while the child is under 18 and survives the child’s eighteenth birthday. The paragraph also permits capital orders which may benefit the child in adulthood where the substantive criteria are met (see paras [63]–[74]). The opening words make the application, rather than the eventual order, the event which invokes the court’s statutory power (see paras [63]–[64]). The power to order periodical payments can be exercised after the child turns 18 where jurisdiction was invoked earlier and paragraph 3 permits payments beyond that birthday (see paras [65]–[68]). The secured-periodical-payments power remains available after the child turns 18 where a timely application invoked jurisdiction and paragraph 3 permits extended provision (see paras [65]–[72]). A lump sum may be ordered on a parent’s timely application even though it provides a benefit after the child turns 18, subject to the applicable substantive constraints (see paras [70]–[74]). A settlement may take effect immediately even though the child’s absolute interest is contingent and will be realised after majority. Long-term benefit requires education, training or special or exceptional circumstances (see paras [71]–[76]). The transfer-of-property power formed part of the statutory comparison, but the challenged order was classified as a settlement rather than a transfer (see paras [70]–[72]). The provision that paragraph 1 powers may be exercised at any time formed part of the statutory framework supporting continuing jurisdiction (see para [40]). The absence of an age limit on applications to vary periodical payments was noted as part of the statutory structure (see para [40]). A further periodical-payment or lump-sum order must be made before the child turns 18, but the provision does not require the resulting financial benefit to cease at 18 (see paras [40], [46] and [74]).
Confirms the jurisdiction to make a further lump-sum order for furnishing and equipping the property. The provision could not be used to circumvent the bar on increasing the fixed housing fund. (see paras [17]-[19]; [38]-[45]) Confirms that a further order may be made under paragraph 1(2)(c) of Schedule 1. That jurisdiction concerned a distinct further lump-sum purpose, such as furnishing and equipping the property, while the housing fund remained fixed. (see paras [17]-[19]) Interprets the statutory restriction as preventing a second application to the court for a settlement of property order. The fixed housing fund could not therefore be increased, including by recasting the application as one for enforcement or as a further lump-sum claim. (see paras [17]-[19]; [38]-[45])
Paragraph 1 was treated as the route for financial orders against a parent, subject to the Schedule’s limits. The jurisdiction did not extend to provision for another child. (see paras [22]; [26]; [38])
4 more judgments, and what each says about Schedule 1, paragraph 1, are in the case-law panel in the full Act.