The Welfare Checklist

The criterion for dealing with all Children matters (i.e. Residence, Contact etc...) are set out in the Children Act 1989.  The Act provides a lot of flexibility to enable practical solutions to what can be very difficult issues, with emphasis on the welfare of the children concerned.  There are a number of specific factors that are given prominence, however how these are applied to any particular case or issue is very specific to your individual circumstances.  The following factors are given specific attention:

• The ascertainable wishes and feelings of the child concerned, taking into account that child's age and understanding.
• The Child's physical, emotional and educational needs and whether the person applying for the Contact order can meet those needs.
• The Child's age, sex, background and any relevant characteristics. 
• Any harm that the child has suffered or is at risk of suffering.;
• How capable the child's parents are, or any other person in relation to whom the Court considers the question to be relevant is, of meeting the child's needs.
• The likely affect on the child of any change in circumstances. 
• The range of powers available to the Court in the proceedings in question.

Dependent on circumstances, it may be that one or other factor will decide the whole issue.  However, it is much more common that a balancing exercise has to be undertaken.