Children Act 1989, Schedule 1, paragraph 16

Interpretation

SCHEDULE 1 Financial Provision for Children

16 (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.

[F1178 (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;

and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents.F1178]

[F1179 (3) In this Schedule, “[F1180 maintenance calculation F1180]” has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section. F1179]

Definitions used in Schedule 1, paragraph 16 3

child

“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 of the family

“child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—

(a)

a child of both of them, and

(b)

any other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family ;

Defined in s.105(1) · see it in the full Act
parent

21 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

Cases considering Schedule 1, paragraph 16 6

DN v UD€ (Sch 1 Children Act: Capital Provision)

[2020] EWHC 627 (Fam) · 29 January 2020Interprets

Interprets paragraph 16 as extending the definition of child for applications made by an adult child under paragraphs 2 or 6, not for an application made by a parent on behalf of an adult child. (see paras [31]-[32], [49])

T v B

[2010] EWHC 1444 (Fam) · 16 June 2010Interprets

Interprets “parent” as including parties to a marriage and civil partners where the child is a child of the family, but not as authorising a general welfare-based extension to social or psychological parents. (see paras [9], [57], [60], [67])

UD v DN

[2021] EWCA Civ 1947 · 21 December 2021Defines

For Schedule 1 applications under paragraph 2 or 6, the definition of child includes the adult applicant. This did not displace jurisdiction already invoked by a parent before the child turned 18 (see paras [43], [60] and [68]).

What each judgment says about Schedule 1, paragraph 16 is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F1178Sch. 1 para. 16(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 78(4); S.I. 2005/3175, art. 2(1), Sch. 1
  2. F1179Sch. 1 para. 16(3) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 15
  3. F1180Words in Sch. 1 para. 16(3) substituted (3.3.2003 for specified purposes) by 2000 c. 19, ss. 26, 86(1), Sch. 3 para. 10(4) (with s. 83(6)); S.I. 2003/192, arts. 3, 8, Sch. text substituted for certain specified purposes only, see the commentary. Note: in some cases two versions of the measure may be present: the original version and substituted version.

Commencement

  1. I105Sch. 1 para. 16 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)