Children & Family

Children cases

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 or spend time with and with whom (child arrangements)
• Whether or not the living arrangements can be shared (shared care)
• Protective measures for a child (prohibited steps)
• Other issues that might arise eg. surname, religion, schooling (specific issue)
• Legal rights in respect of a child (parental responsibility)
• Moving a child within the country or overseas (child relocation)
• Unlawfully removing a child from a parent or country (child abduction)

The welfare checklist

The court will take into account the following factors:

• 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