Success story
By Iblal IqbalOur client came to us after a friend mentioned a Schedule 1 application, but nobody had explained it. The parents had never married. After they separated, our client and their young child moved into a single spare room with relatives. The other parent stayed in a home they owned outright and held savings. More than one person had told our client that an unmarried parent has no claim to anything.
That advice was wrong, and it had cost the family months. This is an anonymised account, shared with our client’s consent. You can read how we prepare and review these success stories before we publish them.
A child without a settled home
Everyone expected the room to last a few weeks. It lasted most of a school year. The child shared a bed with our client, did homework on the floor and had nowhere to bring a friend. The journey to school took well over an hour each way.
Our client was not asking for a share of the other parent’s money. They wanted to know one thing. Could the child have a proper home, near school, until they grew up?
What the law says about a Schedule 1 application
The parents’ marriage, or the lack of one, does not decide who can apply. Section 15 of the Children Act 1989 brings in Schedule 1 to the Act, which deals with financial provision for children. Under paragraph 1(1), a parent, guardian or special guardian may apply. So may a person named in a child arrangements order as someone the child lives with.
Paragraph 1(2) lists the orders a court can make. Two of them deal with housing. Paragraph 1(2)(d) allows a settlement of property “for the benefit of the child”. Paragraph 1(2)(e) allows a parent’s property to be transferred to the applicant for the benefit of the child, or to the child.
When deciding, the court must look at all the circumstances. Paragraph 4(1) lists six matters it must include. The first two cover the income, earning capacity, property, needs and obligations of each parent and of the applicant. The rest cover the child’s financial needs, the child’s own resources, any disability, and how the child is being educated.
One rule shapes the whole case. Under paragraph 1(5)(b), the court may make only one property order under (d) or (e) against the same parent for the same child. As a result, a Schedule 1 application for housing has to be right the first time.
How our family law specialists guided our client
We advised building the case around the child, never the parents’ relationship. The first step we recommended was full financial disclosure from both sides. That showed the property and savings the other parent had, alongside our client’s modest income.
Next, we helped our client gather evidence about the child’s real needs. This covered the school, the travel time and the lack of space to sleep or study. We then helped them find suitable homes near the school and set out a modest, realistic budget. The request covered what this child needed and went no further.
We also advised on where the regular maintenance belonged. Section 8(3) of the Child Support Act 1991 usually keeps weekly child maintenance with the Child Maintenance Service rather than the court. So the claim focused on capital and housing, where the court’s powers lie.
Section 10 of the Children and Families Act 2014 requires a mediation information and assessment meeting before most family applications, so our client attended one first. Mediation was then tried. When that did not produce an agreement, our client made the Schedule 1 application, with our guidance. We advised staying open to settlement throughout.
The outcome
Once both parents completed full disclosure, the other parent’s position changed. Before a final hearing, the parents reached an agreement, and the court approved it as an order.
The order provided for a home near the child’s school to be held for the child’s benefit under paragraph 1(2)(d). The home will return to the other parent once the child’s dependency ends. Orders of this kind often take that shape, because the provision is for the child rather than for the adult.
Our client and the child moved in before the next school term. For the first time in a year, the child had a bedroom of their own.
“Save the receipts for what your child has cost you since the separation, from uniform and bus fares to your share of the rent. A Schedule 1 lump sum for the child’s benefit can cover expenses reasonably incurred in maintaining the child before the order was made. For each home you put forward, price the move as well, and settle who pays for repairs and insurance while your child lives there.”
Garry Steedman, Family Law Consultant, Kabir Family Law
What you can take from this
If you were never married, you can still ask the court to secure a home for your child. A Schedule 1 application looks at what the child needs and what the parents can afford. It does not depend on your relationship status.
Preparation matters more than speed, because there is only one chance at a property order. Evidence about your child carries real weight, so start keeping notes about school, travel and space. Our guides to Schedule 1 of the Children Act 1989 and housing provision for children after separation explain the law in more detail. If you were married, our guide to financial settlements after divorce covers the route that applies instead.
Every family is different, and nobody can promise a particular result. Still, you do not have to keep guessing. A free initial consultation is a confidential conversation with no obligation. Tell us what has happened, and one of our family law specialists will explain your options plainly. Call 0330 094 5880 to arrange it.
The legal issue
The parents had never married. After they separated, our client and their young child lived in a single spare room with relatives, a long journey from the child's school. The other parent owned a home and held savings.
Our client had been told that an unmarried parent has no claim. The real question was whether the child could have a settled home, near school, for the rest of their childhood.
The law this rests on
- Children Act 1989 s.15 - gives effect to Schedule 1, the code for financial provision for children.
- Children Act 1989 Schedule 1, para 1(1) - a parent, guardian, special guardian, or person named in a child arrangements order as someone the child lives with, may apply. Marriage is not required.
- Children Act 1989 Schedule 1, para 1(2)(d) - a settlement of property for the benefit of the child.
- Children Act 1989 Schedule 1, para 1(2)(e) - a transfer of a parent's property to the applicant for the benefit of the child, or to the child.
- Children Act 1989 Schedule 1, para 1(5)(b) - only one order under (d) or (e) against the same person for the same child.
- Children Act 1989 Schedule 1, para 4(1) - the court has regard to all the circumstances, including the resources, needs and obligations of each parent and the applicant, and the child's needs, resources, disability and education.
- Child Support Act 1991 s.8(3) - regular maintenance usually sits with the Child Maintenance Service, not the court.
- Children and Families Act 2014 s.10 - attendance at a family mediation information and assessment meeting before most family applications.
How we approached it
We advised our client to build the case around the child rather than the parents' relationship. The first step we recommended was full financial disclosure from both parents, so the court could see what resources existed.
We then helped our client gather evidence of the child's needs: the school, the travel time, and the lack of space to sleep or study. We helped them identify suitable homes near the school and set out a modest, realistic budget.
We advised that regular child maintenance would usually sit with the Child Maintenance Service, so the claim focused on housing and capital. Our client attended a mediation information and assessment meeting, and mediation was tried. When it did not produce agreement, our client made the Schedule 1 application with our guidance, and we advised keeping the door open to settlement throughout.
The outcome
After full disclosure, the parents reached agreement before a final hearing, and the court approved it as an order.
The order provided for a home near the child's school to be held for the child's benefit under Schedule 1 paragraph 1(2)(d), returning to the other parent when the child's dependency ends. Our client and the child moved in before the next school term.
Every case turns on its own facts. This outcome is not a prediction about any other family.
What to take from this
- You do not need to have been married to ask the court to secure a home for your child.
- A Schedule 1 application asks what the child needs and what the parents can afford.
- There is only one chance at a property order against the same parent for the same child, so prepare fully.
- Evidence about your child, such as school, travel and space, carries real weight.
- Regular child maintenance usually goes through the Child Maintenance Service; housing and capital go to the court.
Checked and approved for publication by Garry Steedman.
Last reviewed .
