Welfare Check List . A quick guide

The Welfare Check list - section 1 Children Act 1989
When a court considers any question relating to the upbringing of a child under the Children Act 1989 it must have regard to the welfare check list set out in Section 1 of that Act. Among the things the court must consider are:
a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and/or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, sex, background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) 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;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.
For all proceedings under the Children Act 1989 when the court considers a question of the child's upbringing the child's welfare is the court's paramount consideration.
 The most important consideration is your child’s welfare. This is about trying to decide, sometimes in difficult circumstances, what is in your child’s best interests.
The law makes it clear that the court must only make an order if doing that is better for your child than making no order at all.
The court must also avoid any delay, where possible. It is generally agreed that delaying a decision is not usually good for children and can sometimes cause them harm. The court should take account of any impact their timetable might have on your child’s welfare and development. 

Other Considerations

Your child’s wishes and feelings
This does not mean that the court will do whatever your child says they want. But if your child is old enough to understand the questions they are asked and the court (with the help of a Family Court Advisor if necessary ) can find out what they think, then it will consider their wishes. The court will want to know that your child’s wishes and feelings are their own and have not been influenced by either of their parents or other relatives. The court will pay more attention to the wishes and feelings of a child the older they are.  Increasingly, the court may want to meet your child, or get a letter from them giving their views. The President of the Family Division said in  Annual Dinner of the Family Law Bar Association on Friday 27 February 2015 at the Middle Temple that children need to be more visible in the family justice system . Given this hopefully  even more account will be given to children's views in future.

 http://www.familylaw.co.uk/news_and_comment/the-president-s-address-at-the-annual-dinner-of-the-family-law-bar-association#.VPRMAHysVPc

Your child’s physical, emotional and educational needs 

This includes your child’s need for  non conditional love and affection. Are the children attending and thriving at school or nursery? Do they have a reasonable mixed diet? Is their home safe and clean? Do they have opportunities to socialise with their peers or are they isolated. It also includes things that can affect your child’s emotional well being. So if, for example, your proposals involve separating one child from siblings, the court will consider how this will impact on their emotional needs. If you and your ex argue  in front of your children, that will be taken into account
The likely effect of any change in circumstances on your child
Change can be disruptive for children so the court will want to think about the effect on your child of any change you are suggesting, for example, in where they live or who they live or spend time with. Does the benefit of any change outweigh any possible negative effects?

The age, sex, background and any relevant characteristics of your childsuch as  any cultural, religious or language needs as well as any disabilities.

Weight needs to be given to the long term welfare of a child's sense of who they are and how they fit in to a particular community.

Any harm your child has suffered or is at risk of suffering

Harm can mean ill treatment or damage to your child’s health or development, the impact caused by them seeing or hearing domestic violence or abuse or by preventing contact without a good reason. Any drug ,gambling or alcohol addiction and the consequent impact on the children. Do you have needs yourself , that impact on your ability to parent? Do you require support over mental health issues for instance?
How capable you and the child’s other parent are of meeting your child’s needs. Do you have a support network ?
Do you have the skills to look after your child and meet their needs?
Are you an emotionally mature individual who can put your child's needs above your own? That could mean can you put the ill feelings about the other parent to one side.
This is not an exact guide but hopefully provides food for thought. The most important guideline is that the welfare of the child comes first so if you can put yourself and your understandable pain on the back burner it will assist your case in court.