The welfare checklist — what judges actually weigh in children cases
REVIEWED BY: Sean McNamara on 2026-08-28
The paramount principle
Section 1, Children Act 1989: when a court decides any question about a child's upbringing, the child's welfare is the paramount consideration. Not the parents' rights, not fairness between the adults — the child's best interests come first.
The s.1(3) welfare checklist (private law — child arrangements)
The court must have particular regard to:
1. The child's wishes and feelings — in light of age and understanding (older children's views matter more; Cafcass conveys them) 2. Physical, emotional and educational needs — stability, schooling, health, emotional care 3. The likely effect of any change — disruption weighs; stability counts 4. Age, sex, background and relevant characteristics — culture, religion, language, disability 5. Any harm suffered or at risk — including witnessing domestic abuse (Practice Direction 12J makes abuse and coercive control central to contact decisions) 6. How capable each parent is of meeting the child's needs
In public law (care) cases
The checklist adds: the care, safety and upbringing options available (including with relatives, special guardianship, adoption), whether an order is better than no order (the "no order principle"), and the child's wishes via the Children's Guardian.
Two more principles
- No order principle — courts make no order unless one would positively benefit the child
- Presumption of parental involvement — involvement of each parent (that can be indirect) furthers welfare unless there's evidence of risk of harm to the child
How to use this as a litigant in person
Frame everything around these factors. "I want him home by 7" → "the proposal meets her educational needs because...". Evidence for each factor beats assertion every time. Cafcass's report and the court's questions map directly onto this list — read it before every hearing.
Official links
- Children Act 1989 s.1: https://www.legislation.gov.uk/ukpga/1989/41/section/1
- https://www.cafcass.gov.uk (how FCAs apply the checklist)
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.