The welfare checklist: a worked example — how to frame your evidence around s.1(3)
REVIEWED BY: Sean McNamara on 2026-08-29
This is how you win a children case
Instead of telling the judge what you think of the other parent, frame your evidence around the seven factors the court must consider. Here's a worked example.
The scenario
A father applies for overnight contact with his 7-year-old daughter. The mother opposes it, saying the child is settled and doesn't need overnight contact. There are no abuse allegations.
The WRONG approach (what most LiPs do)
"She's alienating me from my daughter. She won't let me see her. She's vindictive. The court
needs to stop her."
This is all about the mother — nothing about the child. It gives the judge nothing to work with.
The RIGHT approach (framed around s.1(3))
Factor 1: The child's wishes and feelings
"Since March, my daughter has asked me three times when she can stay at my house. These conversations were reported by her teacher to the school pastoral lead (see bundle p.14). She is 7 years old and old enough to express a preference."
Factor 2: Physical, emotional and educational needs
"She attends [school name] and her attendance has been 98%. She has a bedroom at my home with her own bed, desk and toys. Her school uniform is at my house and at her mother's."
Factor 3: The likely effect of change
"Overnight contact would not change her school, her friendships or her daily routine. I live 15 minutes from her current school. Saturday morning contact would replace Sunday evening contact with no disruption to her school week."
Factor 4: Age, sex, background and characteristics
"She is 7 years old and used to staying at both grandparents' homes overnight. She has never shown distress at overnight stays in the past (see photographs, bundle p.22)."
Factor 5: Any harm suffered or at risk
"I have no concerns about my daughter's safety at my home. There are no safeguarding concerns. The CAFCASS safeguarding letter dated [date] raised no issues (see bundle p.8)."
Factor 6: Parental capability
"I have completed the SPIP programme (certificate at bundle p.19). I work flexible hours (Mon–Fri 7am–3pm). My mother, who lives nearby, is available for childcare if needed."
Factor 7: The court's powers
"I ask the court to make a child arrangements order for alternate weekends and one midweek evening, moving to 50/50 shared care after 3 months if all goes well."
The lesson
Every argument must map to a welfare factor, backed by evidence, with a bundle reference. This is how you speak the court's language.
Official links
- Children Act 1989 s.1: https://www.legislation.gov.uk/ukpga/1989/41/section/1
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.