The Welfare Principle

The Welfare Principle

What is the Welfare Principle and how will it be applied?

The Welfare Principle is set out in the Children Act 1989. Section 1 of the Act states that a child’s welfare is the paramount consideration when the Court is making a decision about a child’s upbringing. What this means in practice is that consideration of the child’s welfare must come before any other factor in the case.

What is the Welfare Checklist and how will it be applied?

When considering the welfare principle, the Court will need to take into consideration the welfare Checklist as set out under Section 1(3) of the Children Act 1989. The welfare checklist is as follows: -

• The ascertainable feelings and wishes of the child while considering the understanding and age of the child
• Educational, emotional and physical needs of the child
• Sex, background, age, or any other feature of the child that the court may consider relevant
• The options that the Court has available
• Any harm suffered or potential risk of suffering
• The capability of the person to whom the court may consider the relevant question as per the needs of the child
• The possible impact on the child in case of any change in their circumstances

How can Duncan Lewis Solicitors help you?

Duncan Lewis Solicitors can advise you in relation to Children Act Proceedings. Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law.  Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

How will the matter be funded?

Depending on the application, legal aid may be available and you can be assessed for this prior to the matter being taken on. Alternatively, a quote for a fixed fee or the hourly rates charged by your legal representative may also be provided. You will be advised of the funding arrangements prior to the proceedings commencing.

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.