When a court, authority, or institution makes decisions affecting a child (for example, custody, contact, living arrangements), the guiding rule is that the child’s welfare — their best interests — must be the primary consideration
This principle comes from the United Nations Convention on the Rights of the Child (UNCRC 1989) and is embedded in the Children Act 1989.
The “Welfare Checklist” — Key Factors Considered by Courts
The Children Act 1989 provides a checklist for judges to consider when determining the child’s best interests. Here’s a summary in table form:
| Factor | What Courts Consider | Why It Matters |
|---|---|---|
| Child’s wishes and feelings | Views of the child, depending on age and maturity | Ensures the child’s perspective is included when appropriate |
| Physical, emotional, and educational needs | Health, schooling, emotional support, development | Courts want to ensure the child’s holistic well-being |
| Impact of any change | Effect of changes in living arrangements, schools, or routines | Avoids unnecessary disruption to the child’s life |
| Age, sex, background, and characteristics | Consideration of culture, language, or other personal factors | Ensures decisions reflect the child’s identity and needs |
| Risk of harm | Past abuse, neglect, domestic violence, or other risks | Protects the child from physical or emotional harm |
| Parental/caregiver capacity | Ability to provide stable, safe, and supportive care | Ensures the child’s needs are consistently met |
| Legal powers available | Types of court orders or interventions possible | Helps the court implement effective solutions |
Practical Themes Courts Focus On
- Consistency and stability: Keeping the child in a stable home, school, and routine.
- Safety and protection: Prioritising the child’s physical and emotional safety.
- Caregiver capacity: Evaluating who can reliably meet the child’s needs long-term.
- Child’s voice: Considering the child’s wishes if they are mature enough.
- Avoiding upheaval: Minimising unnecessary disruption in the child’s life.
Building a Case Around Best Interests
If you are seeking a custody or care arrangement:
- Demonstrate stability and care — show how you can meet physical, emotional, and educational needs consistently.
- Minimise disruption — highlight routines, schooling, and social stability.
- Address risks — provide evidence of any risks in the child’s current environment.
- Include the child’s perspective — when appropriate, include their views.
Key Takeaways
- “Best interests of the child” is child-centred, not parent-centred.
- Decisions focus on safety, stability, and emotional well-being.
- Using the welfare checklist ensures a clear, structured approach that courts recognise.
Get Professional Child Custody Support
Navigating child custody or care decisions can be complex and emotionally challenging. If you’re unsure how best to protect a child’s welfare or need guidance on legal options, the experienced child custody solicitors at Freeman Jones are here to help.
Get in touch today for advice tailored to your situation — so you can make decisions that truly put the child’s best interests first:
📞 Call 01244 506 444
📧 Email info@fjsolicitors.co.uk
Feel free to visit us in person — we have offices in Chester, Liverpool, Warrington, Wrexham, and Manchester.
