If you are applying to court regarding child arrangements or are already involved in proceedings, it is important to understand how the court reaches decisions about a child’s welfare.
What is the Welfare Checklist?
In any court case concerning parental disputes over children, the child’s welfare is the paramount consideration for judges. This means the child’s welfare comes first in all decision-making.
To determine the best arrangement for the child, the court refers to the welfare checklist – a defined set of factors laid out in the Children Act 1989. This requires the court to consider:
• The child’s ascertainable wishes and feelings
• The child’s physical, emotional and educational needs
• The likely effect of any change of circumstances on the child
• The child’s age, sex, background and other relevant characteristics
• Any harm the child has suffered or is at risk of suffering
• The capability of each parent or other involved adults to meet the child’s needs
• The powers available to the court
No single factor takes precedence. But the weight given to the child’s wishes does increase with age and maturity.
The welfare checklist ensures an holistic, child-focused approach. It aims to balance the child’s rights and needs when determining their living arrangements and contact with family.
Need Legal Advice?
If you need legal advice regarding a child arrangements case, contact us on 0117 214 1797 or at office@childreninthemiddle.co.uk. Our expert team can help ensure the best outcome for your child.