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His Honour Michael Cook |
Tony Dolbear |
Marion Wells |
Consultant |
Legal Executive |
Legal Executive |
Section 1 of the Children Act 1989 provides that in respect of any question about the upbringing of a child, the child’s welfare shall be the court’s paramount consideration. Although article 8 of the European Convention on Human Rights preserves the right of everyone to respect for their private and family life without interference by a public authority, the English court still regards the well-being of the child as paramount.
The court almost always regards it to be in the interests of a child to have contact with the parent with whom he or she is not living. Unless there is a risk of significant harm to the child or the resident parent, the court will not deprive a child of its basic right to a relationship with both parents.
In considering what, if any, order is in the child’s best interests the Act specifies that regard must be had to the following matters, known as the welfare checklist:
2. The likely effect of any change on the child
3. The child’s age, sex, background and any relevant characteristics
4. Any harm the child has suffered or is at risk of suffering
5. The capability of each parent to meet the child’s needs
Although the law rightly puts the welfare of children first, we understand that the interests and emotions of the parents are also matters of great concern and that arrangements for children must be handled with expertise and sensitivity
Contact the team on 0800 043 053 8 or 01202 551 991
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