A Practical Guide to Financial Provision for Children under Schedule 1 of the Children Act 1989

This is a practitioner’s guide for those who consider themselves family practitioners and are comfortable with financial remedy work. It is not an academic tome or discursive legal text, but a guide for a practitioner running a schedule 1 case. It is written in a relaxed style and is intended to take you from the starting line to the finish, answering basic questions but also giving some lesser known tips and advanced level strategies.

This book takes you through the procedural steps of running or defending such an application, from the form filling and pleadings to evidence gathering and framing a final order. It sets out the legal context in detail and highlights supporting case law, both totem cases and recent cases, big money and modest asset and debt cases, so that you always have a legal authority for the point you wish to run. It recognises the inter-relationship between Schedule 1 and trusts of land cases and has a useful and detailed chapter on all of the basics of TLATA, estoppel and s 37 MPPA 1970, both procedure and legal principles, so that you can advise clients on this aspect and run a parallel case with confidence.

Ultimately the book is a plea to practitioners to make more and better use of the unloved Schedule 1, to have confidence in it and not to save it just for special occasions.

ABOUT THE AUTHOR

Katharine Bundell is a barrister at Fenners Chambers with over 25 years experience at the Bar. She specialises in financial remedy, private law children and trusts of land work. She has a heavy court based practice and lectures both locally and nationwide.

CONTENTS

Chapter One – Introduction: The Purpose of This Guide
Chapter Two – The Statute
Chapter Three – Schedule 1 and Statutory Child Support: A Double Act?
Chapter Four – How Does Schedule 1 Differ From Ancillary Relief?
Chapter Five – The Scope
Chapter Six – What Orders Can Be Made Under Schedule 1?
Chapter Seven – The Parties
Chapter Eight – Blended Families and Morgan v Hill 2006
Chapter Nine – Schedule 1 Outside of the Court Process
Chapter Ten – Schedule 1 Inside the Court Process: Form E (1), Questionnaires and Narrative Statements
Chapter Eleven – Periodical Payments
Chapter Twelve – Lump Sums
Chapter Thirteen – Costs
Chapter Fourteen – Property Settlement and Transfer
Chapter Fifteen – Subsequent Orders
Chapter Sixteen – Trusts of Land Claims