Welfare checklist deep dive — how courts decide children cases
REVIEWED BY: Sean McNamara on 2026-08-29
The statute
Section 1(3) Children Act 1989. When a court decides any question about a child's upbringing, it must have regard to seven factors. Every position statement, every witness statement, every Cafcass report maps onto these seven.
The seven factors, in plain English
1. The child's wishes and feelings
The older and more mature the child, the more weight their views carry. Cafcass conveys them. A 15-year-old's preference matters more than a 3-year-old's — but neither is binding.
2. Physical, emotional and educational needs
Not just food and shelter — emotional security, continuity of schooling, friendship networks, identity, and a sense of belonging.
3. The likely effect of any change
Courts are cautious about disrupting a settled arrangement. "If it ain't broke" is a real factor. Any change must be shown to be better than the status quo for the child.
4. Age, sex, background and relevant characteristics
Culture, religion, language, disability, heritage. A plan that works for a 10-year-old boy may not work for a 3-year-old girl.
5. Harm the child has suffered or is at risk of suffering
Includes witnessing domestic abuse (PD12J), neglect, emotional harm. This factor can override the presumption of parental involvement.
6. How capable each parent is of meeting the child's needs
Not who is the "better" person — who can meet the specific needs identified in factors 2–4. Substance misuse, mental health, housing, support network are all relevant here.
7. The court's powers
What orders are actually available to the court to solve the problem.
How to use this in your evidence
Every submission you make should map to the checklist:
- Don't say: "She's a terrible mother"
- Say: "The child's educational needs (factor 2) are not being met because she has missed 15 days of school since September (see exhibit AB3)."
The guides that map to each factor
| Factor | Our guide | |--------|----------| | 1 — Wishes | Voice of the child | | 2 — Needs | Parenting plans, SEN/EHCP | | 3 — Change | Relocation | | 4 — Background | Special guardianship, GRT families | | 5 — Harm | FL401, PD12J, DA support | | 6 — Capability | Father stability checklist, substance misuse | | 7 — Court powers | Child Arrangements Programme |
Official links
- Children Act 1989 s.1: https://www.legislation.gov.uk/ukpga/1989/41/section/1
- Cafcass on welfare: https://www.cafcass.gov.uk
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.