J & K v L (Schedule 1: older children) (Rev1) [2021] EWFC B104 (30 December 2021)

J & K v L (Schedule 1: older children) (Rev1) [2021] EWFC B104 (30 December 2021)

Where a parent makes an application under Schedule 1 Children Act 1989 for financial provision for a child before the child turns 18, the court retains jurisdiction to determine the application and make variation or lump sum orders even after the child attains 18, provided the extension conditions (such as ongoing education) are met. Procedural delay or the child's attainment of majority does not extinguish the accrued right to have the application determined. The statutory scheme must be interpreted purposively to avoid discrimination and to ensure fairness between children of married and unmarried parents.

Citation
[2021] EWFC B104
Parties
Applicant/mother: J; Child/applicant (joined): K; Respondent/father: L
Jurisdiction
England and Wales
Judgment Date
30 December 2021
Procedural Posture
Children Act 1989 Schedule 1 Financial Remedy / Final Judgment After Protracted Litigation and Joinder of Child as Applicant
Outcome
Application allowed in part; court retains jurisdiction to determine the mother's application for K and to make variation and lump sum orders notwithstanding K's age.
Legal Topics
Schedule 1 Children Act 1989, Financial Provision for Children of Unmarried Parents, Jurisdiction for Adult Children Applications, Variation of Periodical Payments, Lump Sum Orders, Interpretation of Statutory Provisions
Family Law Schedule 1 Children Act 1989 Financial Provision for Children of Unmarried Parents Jurisdiction for Adult Children Applications Variation of Periodical Payments Lump Sum Orders Interpretation of Statutory Provisions

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Parties

J

Applicant/mother

K

Child/applicant (joined)

L

Respondent/father

Procedural Posture

Children Act 1989 Schedule 1 Financial Remedy / Final Judgment After Protracted Litigation and Joinder of Child as Applicant

Legal Issues

  1. 1 Whether the court retains jurisdiction to determine a parent's Schedule 1 application for financial provision for a child after the child turns 18, where the application was made before the child's 18th birthday.
  2. 2 Whether a variation or further lump sum order can be made after the child turns 18.
  3. 3 Whether the child, K, can bring her own application for variation or lump sum orders under Schedule 1.

Ratio Decidendi

Where a parent makes an application under Schedule 1 Children Act 1989 for financial provision for a child before the child turns 18, the court retains jurisdiction to determine the application and make variation or lump sum orders even after the child attains 18, provided the extension conditions (such as ongoing education) are met. Procedural delay or the child's attainment of majority does not extinguish the accrued right to have the application determined. The statutory scheme must be interpreted purposively to avoid discrimination and to ensure fairness between children of married and unmarried parents.

Court Disposition

Application allowed in part; court retains jurisdiction to determine the mother's application for K and to make variation and lump sum orders notwithstanding K's age.

Orders

  • The court will determine the quantum of periodical payments and lump sum orders for K on the merits, applying the statutory factors.
  • No further provision will be made for N as no application is pursued.