Welfare Checklist

In simple terms

The Welfare Checklist is the framework the Family Court uses to decide what arrangements are best for a child.

Every decision the court makes must prioritise the child’s welfare above all else.

  • The Welfare Checklist is a list of factors that the Family Court must consider when making decisions about children.

    It is set out in the Children Act 1989 and helps judges decide what arrangements are in the best interests of the child.

    The child’s welfare is always the court’s most important consideration.

  • When deciding what arrangements are best for a child, the court considers factors including:

    • the wishes and feelings of the child (depending on age and understanding)

    • the child’s physical, emotional and educational needs

    • the likely effect of any change in circumstances

    • the child’s age, background and personal characteristics

    • any harm the child has suffered or may suffer

    • how capable each parent is of meeting the child’s needs.

    These factors help the court assess what arrangements will best support the child’s wellbeing.

  • The Welfare Checklist provides the framework that guides Family Court decisions about children.

    It ensures that the court’s focus remains on what is best for the child, rather than the wishes or preferences of the parents.

    The checklist is applied whenever the court is making decisions about:

    Child Arrangements Orders
    Specific Issue Orders
    Prohibited Steps Orders.

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