When the court considers whether to make an order in respect of children, for child arrangements (previously called residence, and contact), a specific issue or a prohibited steps order it will apply what is known as “the welfare checklist”. The checklist is in the Children Act and is set out below. To decide what would be best for a child’s welfare the court will consider:

1. The ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding):

CAFCASS or Social Services will usually investigate this and report back to the court. How much weight will be given to wishes and feelings depends very much on the age of a child and its maturity. The child’s wishes and feelings will not determine the outcome but it is one of the factors that will be considered, and the others must also be dealt with.

2. The child’s physical, educational and emotional needs:

Physical needs are straightforward to work out. Emotional needs can be more difficult to demonstrate. Children need love, security and stability, along with new experiences to help them develop emotionally and intellectually. They need praise and recognition to help balance the setbacks that children receive when they are growing up and the need to learn responsibility. These needs will change as children grow, and the court will consider the child’s short-term and long-term needs.

3. The likely effect on them of any change in their circumstances:

The possible effects of changes have to be considered. If for example a move from one parent to another is not only going to involve a change of home, but might also affect school, friends and how often the child might see extended family for example.

4. The child’s age, sex, background and any characteristics of theirs which the Court considers significant:

Each child’s individual and cultural, racial and religious background will need to be considered.

5. Any harm which the child has suffered or is likely to suffer:

Harm means ill treatment or the impairment of health or development.

6. How capable each of the parents and any other person to whom the Court considers the question to be relevant, is of meeting the child’s needs:

There will be no assumption that a mother is more able to meet a child’s needs than is its father. It is how capable a parent is of meeting the needs of the child that has to be considered.

7. The range of powers available to the Court under the Act in the Proceedings in question.

When a Court is considering an application in any family proceedings it can make any Section 8 Order i.e., Child Arragements Order, Specific Issue Order or Prohibited Steps order, without an application needing to be made.