17/12/2021
Relationship breakdowns are difficult for all involved and become even more stressful when arrangements for your children are not agreed.
If a dispute is referred to the court to resolve through issuing proceedings then the court will need to consider all the circumstances of the case. The Children Act 1989 lists various matters which the court must always take into account (‘the welfare checklist’). Your child’s welfare is the court’s paramount consideration.
The court has to consider the following:-
~ The ascertainable wishes and feelings of your child (considered in the light of his or her age and understanding).
~ Your child’s physical, emotional and educational needs.
~ The likely effect on your child of any changes in circumstances.
~ Your child’s age, s*x, background and any characteristics which the court considers relevant.
~ Any harm which your child has suffered or is at risk of suffering.
~ How capable each of you are as a parent (or any other person the court considers relevant) in meeting your child’s needs.
~ The range of powers available to the court in the proceedings.
Other principles the court must apply include:-
~ The court should consider whether it is best for your child to make any orders at all.
~ The court should be mindful that any delay may prejudice your child’s best interests.
~ There is also a presumption in favour of both of you as parents being involved in the upbringing of your child.
Our Family Law team has a wealth of knowledge and experience in helping families work out the most appropriate solution to ensure the best interests of the children are maintained. Family/ Care proceedings:
[email protected]
