Schedule 1 questions

[Simplelyfe]

I understand schedule 1 is for the 'resident parent' looking for a lump sum, or school paid for, or a house etc

But can Schedule 1 even come into play if there is Court ordered 50/50 shared care? I can't find any relevant documentation that explains the Schedule 1 rules and requirements.

www.legislation.gov.uk/ukpga/1989/41/schedule/1

Here is the schedule. It is possible for an order to be made in a shared care situation.

Thank you. Can you show me where it states that a Schedule 1 can be awarded under a 50/50 shared care situation. I can't find that bit.

It doesn't say you can't. The first words of schedule 1 are: On an application made by a parent or guardian of a child, or by any person in whose favour a residence order is in force with respect to a child, the court may—

Exactly. It needs to be a Residence Order as far as i'm aware. Ie: the main residence for the child. The Parent that has majority custody. In my case its 50/50 shared care.

I googled it and in each case it refers to the Primary Carer.

What is a residence order?
A residence order is a court order ‘settling the arrangements ... as to the person with whom a child is to live.’

Thats why i'm uncertain and believe its not possible to do a Schedule 1 in my situation.

No, you are misreading it. The residence order bit only kicks in to allow an application by someone who is not the parent or guardian. If you are a parent or guardian, you automatically have the right to apply. No residence order is needed.

If you are not the parent or guardian, you need a Child Arrangements Order stating that the child lives with you. It does not need to say that the child lives with you exclusively.

there are 2 types. Joint custody and shared care. You can still have 50/50 shared care but you are listed as the primary care giver or is it full on joint custody. It'll say in your CAO. Uf its joint custody then you can still try under schedule 1 but it depends on what you want. You'll have to justify why the children need what you are asking for. They don't take into consideration what you feel you need. Its only about the children. You'll also need to do mediation first before you can attempt to go to court.