An Expert Guide to Understanding the Welfare Checklist

Family law cases can be complex, making it important to make sure each aspect is properly and carefully considered. The welfare of any children involved, for example, should always be prioritised. In this article, you can learn everything you need to know about the Welfare Checklist and how it can impact the outcome of family law proceedings. 

What is The Welfare Checklist?

Introduced in Section 1 of the Children Act 1996, the Welfare Checklist is a key part of family law proceedings that involve children. Specifically, the Welfare Checklist is a legal framework used by courts in the UK to make decisions during family law cases that reference the custody, care, and welfare of the child or children.

The Considerations and Criteria

A key aspect of the Welfare Checklist is seven key considerations for the court to take into account when making their final decisions. This list helps the court to conclude which decisions will be in the best interests of the child or the children.

The criteria that must be taken into account by a court are as follows:

1. the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

2. his physical, emotional and educational needs;

3. the likely effect on him of any change in his circumstances;

4. his age, sex, background and any characteristics of his which the court considers relevant;

5. any harm which he has suffered or is at risk of suffering;

6. how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

7. the range of powers available to the court under this Act in the proceedings in question.

   
   

The Importance of the Welfare Checklist

Crucial in family law, The Welfare Checklist provides a structured and impartial framework for the court to work with when making their decisions. Below, you can find the reasons why the Welfare Checklist is so important in family law cases today. 

Focus on the Child’s Best Interest

One of the main advantages of this legal framework is that the child is being considered first and foremost. This can help to prevent negative impacts on the child’s life going forward. The court will responsibly make sure the child’s well-being and development are prioritised, rather than the desires or protests of the parents or legal guardians involved in the family law case.

Creates a Standardised Approach

While family law court cases can be very dissimilar, the court still needs to ensure each case is approached systematically to achieve fair and consistent outcomes. The Welfare Checklist offers a consistent framework that prevents bias and ensures that all relevant factors are being considered, regardless of individual circumstances.

Family Law Solicitors in Cardiff and Pontypridd

If you need support and legal advice for your upcoming family law case, our team here at PJE Solicitors are here to help. Please visit our website to learn about us and our legal services, offered in the Cardiff and Pontypridd areas. Alternatively, for any advice or support, please don’t hesitate to get in touch with our team of experts today.