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Legal grounds for filing the children's act

  • Mr Big
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22 Jan 20 #511147 by Mr Big
Topic started by Mr Big
Hi Guys,

I'll cut to the chase. I want to get a property completely in my own name. Me and my partner have a daughter together. I'm deciding whether to move in to the property with my partner or become a landlord. May I ask, if we did move into the property and were to later break up, under what legal grounds would she be able to file the children's act to live in the property I own until my daughter is 18. For example, does she need to prove that she's unfit to work and therefore cannot afford to get buy/rent a place of her own? What would be deemed legally reasonable for a judge to uphold this law? We are not married and I earn £24K a year if that helps simplify the question. Thanks

  • rubytuesday
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23 Jan 20 #511157 by rubytuesday
Reply from rubytuesday
The relevant section in the Children Act 1989 is Schedule 1 which allows for financial provision for children such as periodical payments, lump sum payments and capital orders such as securing housing for the children/ren. This is a claim made against a parent on behalf of the child for a sum of money to purchase a property or for the "resident" parent (so dislike that phrase) to remain living in the property. This then reverts to the payer or sole owner on the child’s 18 birthday or when the child finishes tertiary education (however, the term could extend to a gap year before or after university).

There is usually a possibility for the applicant to purchase the property at market value at the end of the term.

The reasonableness of housing and other capital provision under Sch1 is invariably considered in the context of traditionally the father’s resources. However, it is reasonable to take into account the resources of the mother - if she is able to provide housing for the child, then her need for a Sch1 application is weakend.

Requests to limit the mother’s future occupation of the property or for an earlier reversion of the property are to be resisted. The settled property is for the benefit of the child and as long as the child lives with the mother, her cohabitation or remarriage ought not to affect a settlement of property - although this could be argued that such events would indeed affect the settlement of property.

When considering whether to make an order under Sch1, the Court shall take into account all of the circumstances and each case turns on its own facts. The exercise of the Court’s jurisdiction is highly discretionary.

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