Under Schedule 1 of the Children Act 1989, a claim can be made for financial provision for a child, including claims related to property. This provision allows the court to make a variety of orders regarding property in order to provide for the welfare of the child. Some of the claims that can be made under Schedule 1 regarding property include:
- Transfer of Property: The court may order the transfer of property to provide a home for the child or to meet their financial needs. This could involve transferring ownership of a property from one parent to another or from a parent to the child.
- Settlement of Property: The court may order the settlement of property for the benefit of the child, such as placing property in trust or creating other arrangements to ensure the child’s financial security.
- Sale of Property: In some cases, the court may order the sale of property and distribution of the proceeds to meet the child’s financial needs, particularly if other options are not feasible or practical.
- Financial Assistance: The court may order one parent to provide financial assistance to the other parent or the child to help meet housing or other needs, which could indirectly involve property-related arrangements.
These orders are made with the primary consideration being the welfare of the child. The court will take into account various factors, including the financial resources and needs of the child and both parents, as well as any other relevant circumstances. It’s important to seek legal advice from a solicitor experienced in family law to understand your rights and options under Schedule 1 of the Children Act 1989 regarding property matters concerning children.
