Schedule 1 claims — provision for children of unmarried parents

REVIEWED BY: Sean McNamara on 2026-08-29

What is a Schedule 1 claim?

Schedule 1 to the Children Act 1989 lets the family court order financial provision for a child where the parents were never married (or have not divorced). Unmarried partners have no financial remedy claims against each other — but the child's needs still must be met, and Schedule 1 is how the court meets them.

What can the court order?

1. Periodical payments (maintenance) — regular payments for the child's benefit. 2. Top-up maintenance — where the paying parent's income exceeds the Child Maintenance Service (CMS) calculation cap, the court can order payments above the CMS maximum. 3. Lump sum orders — one-off payments for specific needs (housing deposit, furniture, a car, school fees, equipment for a disabled child). 4. Settlement or transfer of property — typically a house purchased or transferred to be held on trust for the child: the resident parent and child live there, and it usually reverts to the paying parent when the child finishes education.

Note: the child is the beneficiary. Orders are made "for the benefit of the child" — the carer parent's role is addressed only indirectly (see below).

Who can apply?

Parents of the child (including fathers without parental responsibility) — on behalf of the child
Guardians and anyone with a child arrangements order ("lives with") naming them
A child may also apply with leave of the court in limited circumstances

Applications are made to the family court (Part 2 FPR 2010). The CMS remains the first port of call for ordinary maintenance; see our child maintenance guide.

The needs-based analysis

There is no sharing of capital and no clean-break concept. The court asks what the child reasonably needs, judged by:

The child's welfare and age/health (housing, education — including private school if it is realistic, care costs)
The standard of living the child would have enjoyed had the parents stayed together
The paying parent's income, earning capacity and property, and their other obligations
Any disability of the child

Big-wealth cases (often via the High Court) can produce substantial housing provision and top-up maintenance — but always anchored to the child's needs, not a share of wealth.

How it differs from divorce financial remedy

No capital sharing: the applicant parent gets nothing personally — assets are held for the child and usually return to the paying parent
No clean break: orders can be varied; maintenance typically ends when the child finishes full-time education, not for life
No pension sharing or spousal maintenance — only child-focused provision
Shorter, cheaper process in most cases, often decided on needs rather than marital conduct or a Matrimonial Causes Act balancing exercise

The carer allowance concept

Because a parent caring for the child cannot easily earn, courts often build a modest allowance for the primary carer into the property settlement or lump sum — for example, a house with slightly more space, or a small fund recognising the carer's loss of earnings. It is discretionary and modest — the carer does not become a co-owner and the provision remains, in form, for the child. Case law (Re P; Alireza v Radwan) shapes how generously this is approached.

Practical tips

Try mediation or negotiation first — many Schedule 1 cases settle without a hearing
Gather evidence of income, housing costs, childcare and school needs early
Expect the property element to revert — plan for when the child is independent
CMS claims do not stop you bringing a Schedule 1 application for top-up and capital

Official links

https://www.legislation.gov.uk/ukpga/1989/41/schedule/1
https://www.gov.uk/child-maintenance

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.