Financial provision for a child under Schedule 1 is a financial remedy as defined in rule 2.3 of the Family Procedure Rules 2010. The orders available to the court are:

• periodical payments,
• secured periodical payments,
• lump sums,
• transfer and settlement of property.

Because of the limitations introduced by the CMS, in practice, the main classes of applicant under Schedule 1 are now former partners of the wealthy, or former co-habitees seeking a home during a child’s minority.

Those who can apply for an order for financial provision are:

• Parents
• Guardian
• Special guardian
• Any person who is named in a child arrangements order as a person with whom a child is to live.

Provided an application is made before a child attains the age of 18, the court retains jurisdiction to make orders until the disposal of the application, even if such orders are made for the first time after the child attains the age of 18. For children over age of 18, if educational or special circumstances apply to justify the court making periodical payments orders which extend beyond the child’s 18th birthday, those special circumstances would be just as relevant to the issue of whether they provided the factual foundation for a capital order.

The Court has powers to make interim orders and the focus of interim maintenance is on the child’s needs.

Within 21 days after the application is issued, the parties must file at court and simultaneously exchange with one another their Forms E1.

Forms E1 must be verified by a statement of truth. They must contain the documents specified in the Form E1 and any other documents needed to explain information in the form. When a party does not have a document specified by Form E1 available for filing and exchange, as soon as they obtain it, they must:

• Serve a copy on the other party.
• File a copy at court, with a statement explaining why it was not provided with the Form E1.

Other than the documents specified in the Form E1 or to explain information in the form, no disclosure or inspection of documents may be requested or given between the time the application is filed and the first hearing.

If the court can determine the application at the first hearing, it must do so unless it considers that there are good reasons not to do so. The court may use the first hearing or part of it as an FDR. The applicant must produce to the court all offers and proposals and responses to them at the first hearing, rather than seven days before the FDR

If the court is unable to determine the application at the first hearing, the court may give directions relating to:

• The filing of further evidence.
• The production of further documents.
• Any other matter required for the fair determination of the application

The court may also direct that the application be referred to an FDR. If such a referral is not appropriate, the court must direct one or more of the following:

• A further directions appointment be fixed.
• An appointment be fixed for the making of an interim order.
• The case be fixed for a final hearing and, where that direction is given, the court must determine the judicial level at which the case should be heard.