Schedule 1 Children Act 1989 Applications

Q: Who decides where our children will live after separation?

In most cases, parents decide on arrangements themselves, often through informal discussions or with the help of solicitors or mediators. The law encourages parents to agree on a pattern that works for their children, rather than imposing a standard formula. If you cannot agree, the court can make a Child Arrangements Order setting out where your child will live and when they will spend time with the other parent. The focus is always on what is in the child’s best interests, not on what either parent feels entitled to.

Q: Is “custody” still used in children’s cases?

No. The term “custody” is no longer used in English law, even though it still appears in everyday language and media. The court now makes Child Arrangements Orders which state who the child “lives with” and who the child “spends time with” or “has contact with”. This change of language is designed to reduce the sense of one parent “winning” or “losing” and to focus on practical arrangements that serve the child’s welfare.

Q: How does the court decide what is in a child’s best interests?

No. The term “custody” is no longer used in English law, even though it still appears in everyday language and media. The court now makes Child Arrangements Orders which state who the child “lives with” and who the child “spends time with” or “has contact with”. This change of language is designed to reduce the sense of one parent “winning” or “losing” and to focus on practical arrangements that serve the child’s welfare.

Q: How does the court decide what is in a child’s best interests?

When the court has to make a decision, it applies the “welfare checklist” in the Children Act 1989. This includes factors such as: • The child’s wishes and feelings, in light of their age and understanding • Their physical, emotional and educational needs • The likely effect of any change in circumstances • Any harm they have suffered or are at risk of suffering • How capable each parent is of meeting their needs The law assumes it is usually in a child’s best interests to have a meaningful relationship with both parents, provided it is safe and appropriate.

Q: Do we have to go to court to resolve child arrangements?

No. Many cases are resolved without court proceedings. Options include: • Direct discussions between you as parents • Mediation, where an independent mediator helps you reach agreement • Child inclusive mediation in appropriate cases, where a trained mediator hears from your child in a safe, age appropriate way • Solicitor assisted negotiation, including round table meetings • Family arbitration, where a specialist arbitrator makes a binding decision if you cannot agree The court should usually be a last resort, reserved for cases where agreement is not possible or where there are significant safeguarding concerns.

Q: What is a Child Arrangements Order?

A Child Arrangements Order is a court order that sets out where a child lives, when they spend time with the non-resident parent, and how holidays and special occasions are shared. Orders can state that a child “lives with” one parent and “spends time with” the other, or that a child “lives with” both parents, with care shared. In many cases, once a clear routine is established and parents gain confidence in the arrangements, there is no need to return to court unless circumstances change.

Q: What if I am worried about my child’s safety?

If you have genuine concerns about your child’s safety, such as domestic abuse, substance misuse, neglect or other safeguarding issues, you should seek legal advice urgently. Safeguarding checks are carried out in all Children Act applications, often involving CAFCASS (Children and Family Court Advisory and Support Service), which can advise the court on any risks. The court can make orders that limit or supervise contact where necessary to protect a child, and in very serious cases may suspend contact altogether.

Q: Can I move to another part of the UK with my child?

Relocation within England and Wales is often possible, but you should consider carefully how the move will affect your child’s relationship with the other parent. If you have a Child Arrangements Order or if the move would significantly disrupt the existing pattern, you should seek legal advice before moving. If you cannot agree, the court can decide whether the move is in your child’s best interests, considering factors such as schooling, family support, and how contact with the other parent will be maintained.

Q: Can I take my child abroad after separation?

If you have a Child Arrangements Order stating that the child lives with you, you can usually take them abroad for up to 28 days without the other parent’s consent, provided there is no order to the contrary. For longer trips or permanent relocation, or if there is no such order, you will normally need the other parent’s written agreement or a court order. Disputes about holidays and travel abroad are common. We can advise you on when consent is required, how to document agreements, and what to do if consent is refused.

Q: How is child maintenance decided?

Parents are legally responsible for financially supporting their children. In most cases, day-to-day child maintenance is agreed between the parents informally. If an agreement cannot be reached then a formal child maintenance assessment is handled through the Child Maintenance Service (CMS), which uses a formula based on the paying parent’s gross income, the number of children, and the number of nights spent with each parent. In higher income or more complex cases, the court can make additional orders, for example, for school fees or specific expenses. We can advise on your options and how best to approach child maintenance negotiations or applications.

Question 1

Are Schedule 1 claims only for high net worth cases?

Answer

No. Many reported Schedule 1 cases involve high‑net‑worth families, but the legislation applies to a wide range of financial situations. It can be used where one parent has significant wealth, but also where resources are more modest and difficult decisions must be made about housing for children. What matters is whether additional provision is needed to meet the child’s needs fairly, taking into account both parents’ resources.

Question 2

Do I need a solicitor for a Schedule 1 application?

Answer

While it is legally possible to apply without a solicitor, Schedule 1 cases often involve complex legal and financial issues, particularly around property, income assessment and long‑term planning. Specialist advice is strongly recommended to assess the strength of your case, gather the right financial evidence, and present your case effectively to the court. Legal representation is particularly important where the other parent is legally represented, where there is significant wealth or complex assets, or where you are defending a Schedule 1 claim.

Question 3

Does Schedule 1 give financial rights to the parent?

Answer

No. Schedule 1 is designed to provide for the child, not to give long‑term financial rights to the parent. For example, where a property is purchased or transferred to provide a home for the child and carer, it will usually revert to the paying parent when the child reaches adulthood or at another trigger point set by the court. The court’s focus is on ensuring that the child’s housing and other needs are met while they are dependent, not on providing a permanent capital settlement to the resident parent.

Question 4

How long does a Schedule 1 application take?

Answer

Timescales depend on the complexity of the case, the court’s timetable and whether agreement can be reached along the way. Straightforward cases where the issues are narrow and disclosure is clear may be resolved within several months, More complex cases, for example, those involving significant wealth, international elements or contested housing provision, can take longer and may require several hearings before a final decision is made.

Question 5

How much does a Schedule 1 application cost?

Answer

We offer a first meeting at a fixed fee of £300 (including VAT), during which we will discuss your situation and provide clear, practical advice. After that meeting, we will explain the likely costs of any ongoing advice or representation, tailored to your needs. The overall cost will depend on things such as how complicated your case is, which solicitor works with you, the process you choose, and whether matters are agreed or decided by the Court. You can find more information about our pricing on our pricing page.

Question 6

What factors does the court consider in Schedule 1 cases?

Answer

The court looks at a range of factors, including:

Each parent’s income, earning capacity, property and other financial resources, now and in the foreseeable future.
Each parent’s financial needs, obligations and responsibilities.
The child’s financial needs and resources, including any disability‑related needs.
The manner in which the child is being, or is expected to be, educated or trained, including school or university costs.
The standard of living the child would have enjoyed if the family had remained together.

The court has a broad discretion, and each case is decided on its particular facts.

Question 7

What financial orders can the court make under Schedule 1?

Answer

The court has wide powers under Schedule 1, including:

Periodical payments (maintenance) – regular payments for the child’s benefit, including top‑up maintenance above CMS levels where the paying parent’s income exceeds the statutory cap.
Lump sum orders – one‑off payments for defined purposes such as furniture, equipment, transport, or other capital outlay linked to the child’s needs.
Property settlement or transfer orders – providing a home for the child and carer, often with the property reverting to the paying parent when the child reaches 18 or finishes full‑time education.
Secured periodical payments – maintenance backed by assets, in appropriate cases.

These orders can be combined to create a package of provisions that meets the child’s needs during childhood.

Question 8

What is a Schedule 1 Children Act application?

Answer

A Schedule 1 application is a court application for financial provision for a child under Schedule 1 of the Children Act 1989. It allows the court to make orders for maintenance, lump sums, and property provision to meet a child’s needs, usually where the parents are not married or where Child Maintenance Service provision is inadequate. Unlike divorce‑based financial claims, Schedule 1 claims are strictly for the benefit of the child, not the parent.

Question 9

What should I ask a Schedule 1 solicitor at my first meeting?

Answer

Your initial consultation is the opportunity to understand your options and assess whether a Schedule 1 claim is appropriate. Useful questions include:

Do my circumstances appear suitable for a Schedule 1 application, and what types of orders might be realistic?
How strong is my case based on the information available so far?
What further financial information will be needed from each parent?
What are the potential timescales and stages of the process in my case?
What are the likely costs, and how will they be monitored and explained?
Whilst no solicitor can promise a particular outcome, an experienced Schedule 1 practitioner can provide realistic parameters and help you decide whether to proceed and on what basis.

Question 10

When is Schedule 1 used instead of child maintenance?

Answer

Most separated parents use the Child Maintenance Service (CMS) or a private agreement to deal with basic child maintenance. Schedule 1 is considered where this provision is not enough, for example:

Where one parent’s income exceeds the CMS upper limit and “top‑up” maintenance is needed.
Where housing for the child and carer cannot be secured without additional provision.
Where lump sums are required for specific items such as school fees, disability‑related expenses, or major one‑off costs.
Where the CMS has no jurisdiction, for example, because the paying parent is abroad or has a very high income.

Question 11

Who can make a Schedule 1 application?

Answer

Schedule 1 applications can usually be made by a parent, legal guardian, special guardian, or any person named in a Child Arrangements Order who lives with the child. In some circumstances, an adult child aged 18 or over can also apply, particularly where they are in education or have special needs. The child must normally be under 18 at the time of the main application, but certain orders can extend beyond that age where education or disability requires it.

Schedule 1 Children Act 1989 Applications

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