THE CHILD WELFARE CHECKLIST

Located in Section 1 of the Children Act 1989, the Child Welfare Checklist is arguably the most important tool the Court utilise when dealing with children. It is a checklist which tells the Court what they need to apply before making any decisions about a child.

Wishes and Feelings of the Child

The court considers the child's wishes and feelings, depending on their age and level of understanding. A common mistake that many parents make is they think that the wishes and feelings of their child is the decisive factor in a case. Unfortunately, that is not true.

The Courts must consider the other factors alongside the wishes and feelings of the child. Quite often, the younger the child is, the less weight their wishes and feelings will have.

Physical, Emotional, and Educational Needs of the Child

The court assesses the child's physical, emotional, and educational requirements. Physical requirements can be things such as being able to meet the physical demands of a child. For example, if you are a grandparent with severe mobility issues, you may not be able to meet the physical needs of a 2-year-old toddler who is very active.

Similarly, the Courts will look at the emotional needs of a child. This area is quite complexed and quite often experts such as Cafcass will advise the Court on this. Many parents overlook the emotional needs of children when they make arguments at Court.

Educational needs are also extremely important. The Court need to ensure that whatever decision is made allows the child/children to achieve an education. This can range from being able to take a child to school to even being able to help them with their schoolwork.

Effect of Change on the Child

Any potential impact of a change in circumstances on the child is carefully evaluated. The Courts often do this by weighing up the positives against the negatives. The Courts need to consider how the child would be impacted.

Age, Sex, Background, and Characteristics of the Child

The child's age, gender, background, and any other specific characteristics are considered.

It is important that these are considered. This will include things such as the child’s upbringing, culture, and religion. The Family Courts can often find themselves dealing with this point in detail when there are issues surrounding the child’s religion and culture. Many people assume that if they do not share the same sex and background of the child then the court will rule against them. This is incorrect.

Ability of Parents to Meet the Childs Needs

The court assesses each parent's ability to meet the child's needs, including their physical and emotional well-being. All the other points of the checklist can be applied to any person. A grandparent, uncle, cousin or even foster carer. However, the Courts must at all times consider the parents specifically especially when there are applications to take the children away from them.

Likelihood of Harm

Any potential risk of harm to the child, including physical, emotional, or psychological harm, is carefully assessed. This is most likely the most important part of the checklist. If a child is at risk of harm, then it is likely that will take precedent in any decision the Court make.

Powers Available to the Court

The court considers what powers are available to them to ensure the child's welfare is safeguarded. This means that the Court are within their powers to make any order it pleases. For example, if you apply for a contact order to spend time with a child but after applying the checklist the Court feel that a ‘lives with’ order would safeguard the child, then the Courts would be able to make that order.

If you have a case which you think the child welfare checklist will apply to then contact one of our Solicitors now. Having a good application of the list on your own circumstances can give you a good indication as to how strong your case is.