Schedule 1 to the Children Act 1989: Consider the Mother's Future

Philip Cayford QC and Jonathon Tod both in practice at 29 Bedford Row, London. The Court of Appeals decision in Re P (Child: Financial Provision) [2003] EWCA Civ 837, [2003] 2 FLR 865 has led to a sea change in the provision made for and on behalf of children in Sch 1 proceedings. This article examines the main features of that decision and the reported judgments since that time. It also looks at the mother's uncertain future following the end of the period of support by the absent parent. Is the present law fair? Can it accommodate fairness within its existing framework? Do we need new legislation? See February [2007] Fam Law for the full article.

Read the full article here.