Understanding The Children Act 1989

Unmarried parents or those in a civil partnership may apply to the court for financial assistance on behalf of their child.

The Court’s power under this provision is less than in respect of married parents.

Orders are normally made only where one parent has very significant assets.

What Orders can the Court make?

  • In certain limited circumstances maintenance although usually this is paid through the CSA.
  • Lump sum orders to may for items that the child needs, for example a car, computer or furniture for their home.
  • Transfer of property to provide a home for the child until he / she reaches 18 years. The property will then return to the party who provided it.

What factors do the Court take into account?

  • Each person’s respective income, financial resources, earning capacity and obligations.
  • The financial needs, obligations responsibilities of the primary carer and the child.
  • Any physical or mental disability of the child.
  • Whether the child was being educated (or expected to be educated) in a certain way.
  • Where possible the Court will try to ensure that the child’s living conditions is broadly similar to the non-resident parent.

An application is made using Form CHA13 and a statement of means.

I am an experienced Family Law barrister with detailed knowledge of making and resisting such applications. If you wish to instruct me under the Direct Access scheme please contact me.