When parents cannot agree about their children, the family court decides by asking what is best for the child. In most contested cases, the court must work through a list of seven factors set out in the Children Act 1989, known as the welfare checklist. This guide explains each factor, when the child welfare checklist applies, and how judges and Cafcass use it in practice.
This article provides general information only and does not constitute legal advice. Every situation is different. If you need advice that applies to your specific circumstances, please contact us.
In short
The child’s welfare is the family court’s paramount consideration. When a parent opposes a child arrangements, specific issue, or prohibited steps application, the court must consider the seven factors in section 1(3) of the Children Act 1989. No single factor wins automatically: the court weighs them together. This applies in England and Wales.
What is the welfare checklist?
Section 1 of the Children Act 1989 starts with the welfare principle: when a court decides any question about a child’s upbringing, the child’s welfare is its paramount consideration. The welfare checklist, in section 1(3), sets out the factors the court must consider in particular when deciding what that welfare requires.
The checklist guides the court’s judgment. It is not a scoring sheet, and the weight given to each factor depends on the circumstances of the case.
When does the court have to use the welfare checklist?
The court must apply the checklist when:
- a parent or other party opposes an application to make, change, or end a child arrangements order, specific issue order, or prohibited steps order
- it is considering a special guardianship order
- it is considering a care or supervision order in care proceedings.
Where parents agree and ask the court to approve their arrangements, the child’s welfare still comes first, but the court is not required to work through the checklist.
Adoption is different. The Adoption and Children Act 2002 has its own checklist, which includes the lifelong effect on the child of being adopted.
The seven factors in the welfare checklist
1. The child’s wishes and feelings
The court considers the child’s ascertainable wishes and feelings, in the light of their age and understanding. The Act sets no age at which a child’s view decides the case. In general, the older and more mature the child, the more weight their views carry.
For example, the firm view of a 14-year-old about where they want to live is likely to carry real weight. A 5-year-old’s wish to stay with one parent will be listened to, but the court will also consider why the child holds that view.
2. Physical, emotional, and educational needs
This covers the basics, such as a safe home, routine, food, and health care, and the less visible needs: stable relationships, emotional security, and continuity in schooling. The court looks at how each proposed arrangement would meet those needs.
3. The likely effect of any change in circumstances
Children often benefit from stability, so the court considers what a change would mean for the child. This factor is often central where one parent wants to move house, change the child’s school, or relocate with the child.
It does not mean the current arrangement always continues. The court weighs the disruption of change against the benefits it may bring.
4. Age, sex, background, and relevant characteristics
The court considers anything about the child that is relevant to the decision, such as their age, culture, religion, language, or any disability or health condition. Nothing in this factor favours mothers or fathers.
5. Harm suffered or at risk of being suffered
Harm means ill-treatment or damage to the child’s health or development. The Children Act makes clear that this includes harm from seeing or hearing someone else being ill-treated, so a child who has witnessed domestic abuse may have suffered harm even if they were never hurt themselves.
6. How capable each parent is of meeting the child’s needs
The court considers how capable each parent, and anyone else relevant, is of meeting the child’s needs. That can include a new partner who would live with the child, or grandparents who provide regular care.
7. The range of orders available to the court
The court is not limited to the order a parent has asked for. It can make any order available under the Children Act, or decide to make no order at all, if that would be better for the child.
Questions about the welfare checklist
At what age do a child’s wishes count?
There is no fixed age. The court considers the child’s wishes in the light of their age and understanding, so older children’s views usually carry more weight. The child’s welfare still decides the outcome.
Does the welfare checklist favour mothers?
No. None of the seven factors favours either parent. The court looks at the child’s needs and at how each parent can meet them.
Other principles the court applies alongside the checklist
- Delay is likely to harm the child. The court tries to avoid unnecessary delay in reaching a decision.
- No order unless it is better than no order. The court only makes an order if doing so would be better for the child than making none.
- Parental involvement. The court presumes that each parent’s involvement in the child’s life will further the child’s welfare, unless there is evidence that their involvement would put the child at risk of harm. Involvement does not mean any particular division of time, and it is not a presumption of equal time.
The government has proposed removing the presumption of parental involvement through the Courts and Tribunals Bill, which is currently before Parliament. Until any change becomes law, the presumption continues to apply.
These principles sit alongside, and do not replace, the rules on parental responsibility, which decide who can make decisions about a child.
How Cafcass uses the welfare checklist
The court can ask Cafcass, or sometimes the local authority, to prepare a welfare report under section 7 of the Children Act. A Cafcass officer will usually speak to each parent and, where appropriate, to the child. Cafcass guidance explains that the report sets out the child’s wishes and feelings and recommends the arrangement most likely to safeguard the child’s welfare.
Because the court must apply the welfare checklist, section 7 reports commonly address its factors. The court does not have to follow a Cafcass recommendation, but it will usually explain its reasons if it does not. Our article on when Cafcass recommend no contact explains how one type of recommendation works.
Preparing your case with the welfare checklist in mind
Because the court must consider these factors, it helps to organise your case around them:
- Explain your proposals in terms of what the child needs, rather than what you want.
- Keep evidence factual: school reports, medical records, and a clear account of the child’s current routine.
- Show how you would support the child’s relationship with the other parent, where that is safe.
- Raise safety concerns clearly, with evidence, rather than general criticism of the other parent.
How our solicitors can help
Our child arrangement order solicitors can explain how the welfare checklist is likely to apply to your circumstances, help you prepare statements that address it, and represent you at court.
Start with a fixed fee consultation by calling 020 8889 3319, or send us an enquiry.
Frequently asked questions
What is the welfare checklist?
A list of seven factors in section 1(3) of the Children Act 1989. The family court must consider them in contested children cases when deciding what is best for the child.
What are the seven points of the welfare checklist?
The child’s wishes and feelings; their physical, emotional, and educational needs; the likely effect of any change; their age, sex, background, and relevant characteristics; any harm suffered or risked; how capable each parent is of meeting their needs; and the range of orders available to the court.
Does the welfare checklist apply to every case?
The court must apply it when a child arrangements, specific issue, or prohibited steps application is opposed, and in special guardianship and care cases. Where parents agree, the child’s welfare still comes first, but the checklist is not compulsory.
How does Cafcass use the welfare checklist?
A Cafcass officer preparing a section 7 report gathers the child’s wishes and feelings and recommends the arrangement most likely to safeguard the child’s welfare. Reports commonly address the checklist factors.
Is the welfare checklist the same for adoption?
No. Adoption decisions use a separate checklist in the Adoption and Children Act 2002, which includes the lifelong effect on the child of being adopted.
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About the Author
Vasoulla Constantinou is a partner at the firm and Head of Family Law. She is a SRA regulated family law solicitor with over 20 years of experience and has been awarded a specialist accreditation by Resolution, an organisation committed to the constructive resolution of family disputes in a non-confrontational manner. Vas advises clients on all matters relating to family law including divorce, financial issues and child law. For more information visit her full profile.
