Children and the Welfare Checklist
The Children Act 1989 (CA) gives children rights. It is the children who have the rights to have contact with both parents and the children have the rights for maintenance.
The judge is guided by the welfare checklist which is as follows:
- the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)
- his physical, emotional and educational needs
- the likely effect of any change in his circumstances
- his age, sex, background and any characteristics of his which the court considers relevant
- any harm which he has suffered or is at risk of suffering
- 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
- the range of powers available to the court under this Act in the proceedings in question.
The law is that “harm” in relation to a child means ill treatment including suffering from seeing or hearing ill treatment of another. Generally experts agree that children in a violent household suffer from it even though they are in a different room from the violence.
The law was changed in 2014 so that there is a presumption that involvement of the parents and the life of the child will further the child’s welfare. That is both parents. This is a response to Families Need Fathers pressure but this is only a presumption.
Take expert legal advice at an early stage.