How does the court decide what is in the best interests of our children?

When a case about children is taken to the family court, the magistrates or judge have to make decisions about what to do in the best interests of your children.

To do this, the court is required to consider the welfare checklist, which is set out at Section 1 of the Children Act 1989. The welfare checklist includes the following:

1. The child’s wishes and feelings (considered in light of their age and understanding).

·       The court will consider the ascertainable wishes and feelings of your child, usually by asking Cafcass to include in their report a reference to what your children would like to happen. However, what children want will rarely determine the outcome of a case, it is just one factor the court will take into account. The court will place more weight on children’s views as they become more mature (around 11 or 12 years old).

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

·       This includes long and short term needs, and which parent is best placed to provide for these needs. 

·       Physical needs include things like food, shelter, clothing and medical are. Emotional needs include things like stability, security, and a connection with their wider family (including their other parent). Educational needs include school and other forms of learning.

3. The likely effect of changes in the child’s circumstances.

·       The court will consider the potential impact of any change in circumstances on the child. This includes the impact a change in residence, home life, routine and close relationships would have upon the child. Usually, courts prefer to cause the least disruption to a child’s life.

4. The child’s age, sex, background, and relevant characteristics.

·       The court will look at your child’s characteristics when determining what is in their best interests. For example, it usually considers it very important for a child to maintain strong ties with parts of their family which provide them with links to a particular culture or religion.  

5. Any harm the child has suffered or is at risk of suffering.

·       The court will seek to avoid exposing the child to any risk of harm, including any allegations of domestic abuse.  The court may order protective measures to ensure that your child is safeguarding (for example, ordering contact with their other parent takes places at a Contact Centre). 

6. How capable each parent (or party) is in meeting the child’s needs.

·       The court will consider the ways in which each parent can meet the child’s needs, as set out above.

Many of the people I work with contact me before they have made any firm decisions about their future. Whether you are considering separation, have recently separated, or simply want to understand your options, I offer a free initial conversation to discuss your circumstances and how I may be able to help. You can contact me by telephone - 0777 589 4910, email - polly@pollyjackman.com or by using the contact form on this website.

Photo by Mieke Campbell on Unsplash