What are the basic principles that are used by the court to decide disputes between parents over arrangements for their children?
The first principle is that when a court determines any question with respect to the upbringing of a child, the child’s welfare must be the court’s ‘paramount consideration’.
In deciding whether to make an order the court will have regard to all of the circumstances and in particular the following points, which are often referred to as the ‘welfare checklist’:
(a) the ascertainable wishes and feelings of the child concerned (considered in the light of the child’s age and understanding);
(b) the child’s physical, emotional and educational needs, for example special health needs and special educational needs;
(c) the likely effect on the child of any change in his or her circumstances, for example where the court is considering the possibility of changing the child’s place of residence;
(d) the child’s age, sex, background and any characteristics of his or hers which the court considers relevant;
(e) any harm which the child has suffered or is at risk of suffering;
(f) how capable each of the parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs;
(g) the range of different types of order available to the court in the proceedings in question. The court can make any order that it considers to be appropriate – it is not limited to just the types of order(s) that the parents have applied for.
The court should presume, unless the contrary is shown, that involvement of both parents in the life of the child concerned will further the child’s welfare.
If you require further details of these matters, or advice as to how they may apply in your case, Family Law Café can help. To contact us click the Contact link above and fill in the form, or call us on 020 3904 0506.
Image: Take my hand, by Stephan Hochhaus, licensed under CC BY 2.0.