When a court considers any question relating to the upbringing of a child under the Children Act 1989 it must have regard to the welfare checklist set out in Section 1 of that Act. This requires the consideration of:
- the ascertainable wishes and feelings of the child concerned (considered in light of their age and understanding);
- their physical, emotional and/or educational needs;
- the likely effect on them of any change in their circumstances;
- their age, sex, background and any characteristics of theirs which the court considers relevant;
- any harm which they have suffered or are at risk of suffering;
- how capable each of their parents (and any other person the court considers the question to be relevant) is of meeting their needs; and
- the range of powers available to the court in the proceedings.
The child’s welfare is the court’s paramount consideration for all proceedings under the Children Act 1989 when it considers a question of the child’s upbringing.