Children Act 1989, section 15

Orders for financial relief with respect to children

Part II Orders With Respect To Children In Family Proceedings

(1)M8,M9Schedule 1 (which consists primarily of the re-enactment, with consequential amendments and minor modifications, of provisions of [F231section 6 of Family Law Reform Act 1969F231] the Guardianship of Minors Acts 1971 and 1973, the Children Act 1975 and of sections 15 and 16 of the Family Law Reform Act 1987) makes provision in relation to financial relief for children.

F232(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 15 1

child

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.

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

Cases considering section 15 12

Morgan v Hill

[2006] EWCA Civ 1602 · 28 November 2006Limits

The court treated the statutory jurisdiction as confined to orders against the appellant as a parent of Mark. It could not be used to impose responsibility for Mary. (see paras [3]; [38])

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

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

Applies the statutory framework under which Schedule 1 gives the court power to make financial provision for children, including periodical payments where the child support regime does not apply. (see para [24])

Rubin v Rubin

[2014] EWHC 611 (Fam) · 10 March 2014

Applies the provision as the statutory basis for seeking a lump sum for costs incurred in the Hague Convention proceedings. The application was dismissed because the costs were historic and no further substantive English proceedings were contemplated. (see paras [1](ii); [8]; [16]-[18]; [25])

What each judgment says about section 15 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F231Words in s. 15(1) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 10(1); S.I. 1991/1883, art. 3, Sch.
  2. F232S. 15(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 105; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement

  1. I14S. 15 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal citations

  1. M81975 c. 72.
  2. M91987 c. 42.