THE “WELFARE CHECKLIST”
HOW THE COURT DECIDES WHEN THE CARE OF CHILDREN IS DISPUTED BETWEEN THE PARENTS

When parents cannot agree what should happen about issues affecting their children, sometimes it is appropriate to make an application to the Court.

The Children Act 1989 tells us that no order should be made by a Court in respect of the care of children, unless by doing so it would be better for the child than making no order at all. So, usually, arrangements over aspects such as parental responsibility, choice of school, contact with the parent who is no longer living with them full time and others, should not be part of an application to Court unless it is better for the child to have a Court reach a decision.

If there is such an application to Court, then a Judge will always consider the “Welfare Checklist” which is set out in the Act, and which are listed here:

1. the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)
2. his physical, emotional and educational needs
3. the likely affect on him of any change in circumstances
4. his age, sex, background and any characteristics of his which the Court considers relevant
5. any harm which he has suffered or is at risk of suffering
6. how capable each of his parents, and any other person in relation to whom the Court considers the question to be relevant, is of meeting his needs
7. the range of powers available to the Court under the Children Act in the Court proceedings in question.

To ascertain the wishes and feelings of a child, it is rare for that child to have separate legal representation, but he or she may have told someone (perhaps a teacher or relative) what they want to happen, and this evidence can be brought to Court, usually via a report commissioned by the Court.