What factors will the court consider on any application regarding a child?

18/02/2022

On considering an application for any of the proposed Orders set out herein, the court’s primary concern is the welfare of the child or children. The court will need to consider the following matters in all applications:

  1. The ascertainable wishes and feelings of the child concerned.
  2. The child’s physical, emotional, and educational needs.
  3. The likely effect on the child if circumstances changed as a result of the court’s decision.
  4. The child’s age, sex, backgrounds, and any other characteristics which will be relevant to the court’s decision.
  5. Any harm the child has suffered or maybe at risk of suffering.
  6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs.
  7. The powers available to the court in the given proceedings.

In contested proceedings, the court is likely to seek the assistance of either the Local Authority/Social Services who have been involved with the family previously or the Court and Family Court’s Advisory and Support Service (Cafcass).

Social Services or Cafcass may be appointed by the court to speak to both parents and the children before making recommendations to the court on the issues to be determined between yourself and the other parent.

18/02/2022
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