The Welfare Checklist

When making its decision, the court is guided by a list of factors which make up the "Welfare Checklist". The Welfare Checklist is prescribed by law and it is a list of factors which the court will weigh up, taking into account the particular circumstances, age and understanding of the child. Please also see below for arrows.  

The criteria the court considers are:

• What are the child's wishes and feelings about the matter?  (The older the child, the more their views will be listened to)

• What are the child's physical, emotional and educational needs? 

• What would be the effect of any change in the child's circumstances as a result of the court's decision? (The court will not make changes unless there is a good reason to do so and will consider the child's entire life and not just the time leading up to any court proceedings)

• What is the child's age, sex and background?  (The court will consider characteristics such as the child's religious preferences, its racial and cultural background, and its health and any disabilities.)

• What is the risk of harm to the child?  Has the child suffered from harm or is the child at risk of suffering from harm?   

• What are the parents' abilities to meet the child's needs?  (The court will consider whether each parent is capable of meeting the child's physical, emotional and educational needs and will look at factors such as accommodation, emotional security, intellectual stimulation, and care during working hours etc.)

• What are the range of powers that the court has in the proceedings?  (The court can attach conditions to the orders that it makes and can also order the parents to undertake certain activities or courses.)]