Re P (a child) (financial provision) [2003] EWCA Civ 837 – Law Journals

Schedule 1: Welfare widely construed

Rebekah King and Emma Whitehead discuss the approach to liabilities and childcare costs in high-net-worth Sch 1 cases In the context of a Sch 1 application claw-back orders as to costs are unusual, but are eminently within the discretion of the judge in the circumstances of the case. In G v W [2022], the key …

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Schedule 1: Viewed in the round

Heather Souter reflects on the usefulness of the millionaire’s defence in Sch 1 proceedings in the context of the statutory criteria While Re Z confirms that the millionaire’s defence may be raised and relied upon in Sch 1 proceedings, it is important to note that such a defence does not give blanket protection when it …

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Schedule 1: Ripe for change?

Aisling O’Reilly, Lois Rogers and Sophie Groves argue that more flexibility is needed in Sch 1 cases to avoid a ‘cliff edge’ when provision under an order comes to an end It is important that any developments in the law regarding Sch 1 cases do not resemble matrimonial rights ‘through the back door’, but the …

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Schedule 1: The rich are different?

Schedule 1 claims are often associated with significant wealth, but Vikkie Chetcuti suggests that they may provide useful remedies in more modest cases Given the range of orders available to applicants, it is not only the former partners of the very wealthy who can make use of Schedule 1. According to the Office for National …

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School fees: Making sacrifices

Kathryn Mason considers the courts’ jurisdiction to order the payment of school fees, and the factors that will be taken into account ‘The CMS will not take payments made in respect of school fees orders into account in relation to a maintenance assessment.’ One of the largest expenses associated with a child is often the …

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Schedule 1: Lifestyle comparisons

Vicki McLynn details the courts’ approach to persistent applications under Sch 1 and whether standard of living should be a consideration ‘Bodey J noted that the mother sought an income to enable the child to replicate his father’s life but “almost without regard to the fact that he is a seven-year-old growing up in London”.’ …

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Schedule 1: Attention to detail

Che Meakins suggests that when dealing with a limited-means Schedule 1 claim, particular care should be taken to quantify means and needs ‘While Schedule 1 claims are not the same as matrimonial proceedings and ought not to be treated as such, the reality is that matrimonial decisions and rationale do tend to be referred to …

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Schedule 1: Missed opportunities

James Brown suggests that Schedule 1 to the Children Act 1989 is underused and looks at the courts’ approach ‘Schedule 1 can be applied to small/medium-asset cases even if the result is that the absent parent will have to sell their property in order to house the applicant and the child.’ Family law practitioners are …

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Children Act 1989, Schedule 1: Alternative route

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Edward Kitchen outlines best practice when dealing with a claim under Schedule 1 to the Children Act 1989 ‘Property settlements under Schedule 1 are made with the express purpose of reverting to the settlor once the child reaches majority or completes education.’ At a time when it seems that the traditional family structure appears to …

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Schedule 1: Defining benefits

Kirstie Gibson considers the court’s approach where a Schedule 1 application is made by a non-resident parent ‘The father’s obligations relating to housing and maintenance related only to the child, and to the mother only insofar as they related to the child.’ In N v C [2013], an interesting decision regarding an application under Schedule …

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