The natural child has the right to the best possible lifestyle and support from each of its parents.  Until that child is 18 the Child Support Agency (CSA) usually regulates the amount of maintenance to be paid by a non resident parent.  Where there are exceptional matters such as school fees or a very high earning parent the Courts can still get involved.

Where the parents of the child were married the Divorce Court can deal with such items as school fees, extras and top up maintenance.  It can also make lump sum provision out of the parties’ capital, for a child.  A child could have several claims for lump sums of capital against it parent(s) if there was available capital and the child’s specific needs required it.

If there are no Divorce proceedings or the parents were not married an application under Schedule 1 of the Children’s Act 1989 may be the only way forward.

Under such an application the Court can make financial provision for a child until usually it is 18 years or until they have completed their full time education.  Therefore, although a house may be made available for the occupation of a child and its primary carer it is likely that property would revert to someone other than the child when she/he attained their majority.  

This provision can be used by Grandparents who are caring for children whose parents have capital but not the ability or desire to provide day to day care of the children.  The amount of capital to be provided can include not only a roof over a child’s head but also a carer’s allowance.  If parents of a child have not been married to each other but have co-owned a property and are arguing as to what proportions relate to the ownership of the property an application to use part of the equity of the property under this section can be the difference between been able to hold on to the house whilst the children are minors and having to sell it immediately

If these or any other issues relating to family breakdown are problems for you please contact us on 01423 858582 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it