Children Law

The welfare of a child must be the paramount consideration.

There are a range of legal issues which can affect children when parents separate, to include:

• where a child is to live (residence order)
• what time a child spends with the other parent (contact order)
• whether or not the living arrangements can be share (shared residence order)
• protective measures for a child (prohibited steps order)
• other issues that might arise eg. surname, religion, schooling (specific issue order)
• legal rights in respect of a child (parental responsibility order)
• moving a children within the country or overseas (child relocation)
• unlawfully removing a child from a parent or country (child abduction)

When a court considers these issues, it will often take into account (except in some child abduction cases) the following welfare checklist:

• the ascertainable wishes and feelings of the child
• any physical, emotional and educational needs
• the likely effect of any change of circumstances
• age, sex, background and any relevant characteristics
• any harm suffered or at risk of suffering
• how capable each parent is (or any other relevant person) of meeting the child’s needs
• the range of powers of the court