The Welfare Checklist: How Courts Decide What Is Best for a Child
When parents cannot agree on arrangements for their children following a separation, the court may be asked to intervene. In doing so, the court’s primary concern is always the child’s welfare.
To assist with this, the court applies what is known as the “welfare checklist”, set out in the Children Act 1989. This provides a structured approach to ensure that all relevant factors are considered before a decision is made.
This article explains what the welfare checklist is and how it is applied in practice.
The Paramount Principle
Before looking at the checklist itself, it is important to understand the overarching principle: the child’s welfare is the court’s paramount consideration.
This means that the court does not focus on what is fair to the parents, but rather what is in the best interests of the child.
What is the Welfare Checklist?
The welfare checklist is a list of factors that the court must consider when making decisions about a child. These include:
1. The Wishes and Feelings of the Child
The court will consider the child’s wishes and feelings, taking into account their age and level of understanding.
For younger children, this may carry less weight. For older children, particularly teenagers, their views can be a significant factor.
The court will not simply follow a child’s wishes, but they will be an important part of the overall assessment.
2. The Child’s Physical, Emotional and Educational Needs
The court will consider what the child needs on a day-to-day basis, including:
- Stability and routine
- Emotional support
- Schooling and educational development
The aim is to ensure that any arrangements properly meet these needs.
3. The Likely Effect of Any Change in Circumstances
The court is often cautious about disrupting a child’s routine.
If a child is settled in their current living arrangements, the court will carefully consider the impact of any proposed change, particularly where it may affect schooling, friendships, or emotional wellbeing.
4. The Child’s Age, Sex, Background and Characteristics
The court will take into account any relevant characteristics of the child, including their background, culture, and individual circumstances.
This ensures that decisions are tailored to the specific child, rather than applying a one-size-fits-all approach.
5. Any Harm the Child Has Suffered or Is at Risk of Suffering
The court will consider whether the child has suffered harm, or is at risk of harm.
“Harm” can include physical harm, emotional harm, or exposure to conflict or abuse. Safeguarding concerns are always taken seriously and can have a significant impact on the outcome.
6. How Capable Each Parent Is of Meeting the Child’s Needs
The court will assess each parent’s ability to meet the child’s needs, both now and in the future.
This is not about comparing parents in a competitive sense, but about ensuring that the child is cared for appropriately. The court will also consider practical factors such as work commitments, housing, and support networks.
7. The Range of Powers Available to the Court
Finally, the court will consider what orders are available and which would best meet the child’s needs. This may include:
- Child Arrangements Orders (where the child lives and spends time)
- Specific Issue Orders
- Prohibited Steps Orders
How is the Welfare Checklist Used in Practice?
The welfare checklist is not a tick-box exercise. The court will weigh each factor carefully, and the importance of each will depend on the circumstances of the case.
In many cases, the court will also consider reports from CAFCASS (Children and Family Court Advisory and Support Service), which provide an independent assessment of the child’s situation.
How We Can Help at HPLP
At HPLP, we regularly advise clients involved in disputes concerning children.
We can assist by:
- Explaining how the welfare checklist applies to your situation
- Advising on the likely outcome of court proceedings
- Assisting in negotiations to try and resolve matters without court intervention
- Representing you in court where necessary
We aim to provide clear, realistic advice so that you understand both the legal framework and the practical implications.
The welfare checklist is central to how courts make decisions about children. While it provides structure, every case is different, and outcomes will depend on the specific circumstances involved.
Understanding how the court approaches these decisions can help you manage expectations and make informed choices moving forward.
If you would like advice on child arrangements matter or any other family law issue, please contact our family team at HPLP.
This article is for information only and should not be relied on as legal advice. For specific advice, please contact our expert solicitors.
Zubair Dharamsi Gowsigan Gnanakumaran Maisa Riazi
Partner Solicitor Trainee Solicitor
zd@roselegal.co.uk gg@roselegal.co.uk mr@roselegal.co.uk
