General Principles
The Children Act 1989 has a number of general
principles which are listed below. These have to be applied whenever
any question about a child's upbringing is looked at by a court.
These principles also have to be understood whenever parents or
their solicitors discuss what is best for any child.
| The
welfare principle
| The
no delay principle
| The
no order presumption
The
Welfare Principle
When a court decides an issue about the
upbringing of a child, the child's welfare shall be the court's
paramount consideration. In other words, the most important factor
is what is best for the child. The law also sets out in more
detail a number of things for the court to bear in mind. This
list is sometimes called the Welfare Checklist and it is worth
looking at all seven factors as the law sets them out.
The Welfare Checklist
A court shall have regard in particular to:
- The ascertainable wishes and feelings of the child concerned
(considered in the light of his age and understanding);
- His physical, emotional and educational needs;
- The likely effect on him of any change in his circumstances;
- His age, sex, background and any characteristics of his which
the court considers relevant;
- Any harm which he has suffered or is at risk of suffering;
- How capable each of his parents, and any other person in relation
to whom the court considers the question to be relevant, is of
meeting his needs;
- The range of powers available to the court under this Act in
the proceedings in question.
BACK TO TOP
The
No Delay Principle
When an application is made to the court
for an order about a child, delay within those proceedings should
be avoided at all times.
Both courts and solicitors have a duty to avoid delay in children's
cases. In particular, the courts are responsible for actively making
sure that once an application is made it is not allowed to drift.
BACK TO TOP
The
Presumption of No Order
If you agree the arrangements for a child with the other parent,
the court will not become involved and no court order will be made.
An order will only be made if the court believes that an order
would be better for the child than making no order at all.
BACK TO TOP
