SCHEDULES

SCHEDULE 1 Financial Provision for Children

Orders for financial relief against parents

I11

1

On an application made by a parent or guardian of a child, or by any person in whose favour a residence order is in force with respect to a child, the court may—

a

in the case of an application to the High Court or a county court, make one or more of the orders mentioned in sub-paragraph (2);

b

in the case of an application to a magistrates’ court, make one or both of the orders mentioned in paragraphs (a) and (c) of that sub-paragraph.

2

The orders referred to in sub-paragraph (1) are—

a

an order requiring either or both parents of a child—

i

to make to the applicant for the benefit of the child; or

ii

to make to the child himself,

such periodical payments, for such term, as may be specified in the order;

b

an order requiring either or both parents of a child—

i

to secure to the applicant for the benefit of the child; or

ii

to secure to the child himself,

such periodical payments, for such term, as may be so specified;

c

an order requiring either or both parents of a child—

i

to pay to the applicant for the benefit of the child; or

ii

to pay to the child himself,

such lump sum as may be so specified;

d

an order requiring a settlement to be made for the benefit of the child, and to the satisfaction of the court, of property—

i

to which either parent is entitled (either in possession or in reversion); and

ii

which is specified in the order;

e

an order requiring either or both parents of a child—

i

to transfer to the applicant, for the benefit of the child; or

ii

to transfer to the child himself,

such property to which the parent is, or the parents are, entitled (either in possession or in reversion) as may be specified in the order.

3

The powers conferred by this paragraph may be exercised at any time.

4

An order under sub-paragraph (2)(a) or (b) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order.

5

Where a court makes an order under this paragraph—

a

it may at any time make a further such order under sub-paragraph (2)(a), (b) or (c) with respect to the child concerned if he has not reached the age of eighteen;

b

it may not make more than one order under sub-paragraph (2)(d) or (e) against the same person in respect of the same child.

6

On making, varying or discharging a residence order the court may exercise any of its powers under this Schedule even though no application has been made to it under this Schedule.

F17

Where a child is a ward of court, the court may exercise any of its powers under this Schedule even though no application has been made to it.