Schedule 1 to the Children Act 1989 gives the court the power to make orders for financial provision for children. This provision is most commonly used to provide financial support for a child where the parents have not been married.
Schedule 1 claims can be brought by a parent, guardian (or special guardian) or by any person that a child is living with under a child arrangements order. Schedule 1 is designed to provide financial relief for the benefit of a child and the terms of an order usually endure until the child turns 18 or completes tertiary education.
The courts primary concern is the best interests of the child. The court will require both parties to provide full disclosure although in certain circumstances it may be possible for the payer to raise the “Millionaires Defence”, arguing that there is no need for disclosure as they have sufficient wealth to meet any award that the court might make.
When deciding whether to make an order the court will consider:-
1. The financial needs of any children;
2. The financial circumstances of each parent both now and in the future;
3. The income, earning capacity, property and any other financial resources of the child;
4. Any physical or mental disability the child may have;
5. The manner in which the child was being or was expected to be educated or trained.
The court can make orders for periodical payments, lump sum orders and transfer and settlement of property orders. For example, the court might provide for a monthly amount of maintenance, a lump sum to cover the cost of a child’s laptop and books for school and the provision of a property for the primary carer and the child to live in. Note that the provision of such properties is usually on a reversionary basis and when the child turns 18 or completes their tertiary education the property will revert to the other parent.
This is a highly discretionary area of law and we are able to guide you on the merits and likely outcome of making such a claim.
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Matters involving children require specialist expertise, sensitivity, and a genuine understanding of your situation. At Payne Hicks Beach, our experienced solicitors are dedicated to protecting your children’s interests, your family, and your privacy while working towards the best possible outcome.
Why Choose Payne Hicks Beach for Family Law?
Recognised by Chambers HNW (Band 1) and Legal 500 for specialist expertise in children law, strategic advice, and the handling of high-complexity cases. Our team includes some of the most experienced children law practitioners in England and Wales. In 2024, the firm won Family Law Team of the Year at the Chambers HNW Awards, reflecting the depth and quality of our practice across all areas of family law, including private children work.
Our children law practice spans the full breadth of private children work. We advise on Child Arrangements Orders regulating where a child lives and their time with each parent; Specific Issue Orders resolving disputes about education, medical treatment, or other aspects of a child’s upbringing; and Prohibited Steps Orders preventing one parent from taking action that the other parent opposes. We are experienced in assisting a parent acquire parental responsibility and in domestic and international relocation cases acting for either the relocating parent or the parent wishing to retain the status quo. Our team is also experienced in child abduction proceedings, wardship, special guardianship, child protection, surrogacy, and adoption. We also deal with applications under Schedule 1 of the Children Act 1989 (financial provision for unmarried parents), Whatever the nature of the issue, the child’s welfare remains at the centre of our advice.
We provide a bespoke service with the utmost sensitivity and discretion. Children proceedings are already held in private by default, but we go further, advising clients from the outset on how to minimise the footprint of any dispute. We are experienced in all aspects of non-court dispute resolution, including mediation, arbitration, and private hearings, and we actively explore these routes before any court application is considered. For high-profile clients or those with particular reputational concerns, we can work alongside our colleagues in dispute resolution and privacy law to ensure that any associated proceedings, whether injunctions, confidentiality applications, or media management, are handled as part of a single coordinated strategy. We are committed to ensuring that your family’s privacy is protected throughout.
International children law is one of the most technically demanding areas of family practice, and our team has substantial experience. We act in both Hague and non-Hague Convention child abduction cases, leave to remove applications (where a parent seeks to relocate a child abroad), and wardship proceedings. We have an established network of trusted family lawyers in key jurisdictions and regularly assemble cross-border teams to protect our clients’ positions wherever the dispute arises.
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Frequently Asked Questions
Usually no. Schedule 1 is designed to meet the needs of the child when they are a minor. When they turn 18 or complete tertiary education depending on the terms of the order the property will revert.
Yes it is possible to make an application if the parents were married if the circumstances merit it.
Yes. It is possible to use other Non-Court Based Dispute Resolution, such as arbitration.
Yes an application can include a request for an order for the other parent to pay all of or to contribute towards school fees.
