What Is the Welfare Checklist? How Courts Decide What's Best for a Child
Updated: Oct 23
Last updated: 23 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: The welfare checklist is a list of seven factors in section 1(3) of the Children Act 1989 that a family court must consider in disputed cases about children, such as contested child arrangements, prohibited steps and specific issue applications, special guardianship and care cases. It covers the child's wishes and feelings, their needs, any harm and each parent's ability to care for them. The child's welfare always comes first.
Key facts | The welfare checklist |
Where it's found | Children Act 1989, section 1(3) |
When it must be used | Opposed section 8 applications; special guardianship orders; care and supervision orders (s1(4)) |
The main rule | The child's welfare is the court's paramount consideration (s1(1)) |
Other principles | Delay is likely to harm the child (s1(2)); no order unless it's better than none (s1(5)); safe parental involvement is presumed (s1(2A)) |
Number of factors | Seven, labelled (a) to (g) |
Who reports on it | Cafcass in England, Cafcass Cymru in Wales, or the local authority (Section 7 report) |
Applying to court | Form C100, court fee £270 (GOV.UK, checked 23 October 2026) |
What is the child welfare checklist?
The child welfare checklist is the list of things a family court must think about before it makes, changes or ends certain orders about a child. It sits in section 1(3) of the Children Act 1989. The checklist doesn't give an answer on its own. It makes sure the judge or magistrates look at the whole picture of the child's life, rather than just the parents' arguments.
You'll see it in cases about prohibited steps orders and child arrangements orders, as well as specific issue orders, special guardianship and care proceedings.
When does the court have to use the welfare checklist?
Section 1(4) of the Children Act 1989 says the court must apply the checklist when it is considering whether to:
make, vary or discharge a section 8 order (child arrangements, prohibited steps or specific issue order) and another party opposes it
make, vary or discharge a special guardianship order
make, vary or discharge a care order or supervision order under Part IV of the Act
Where parents agree, the court doesn't have to go through the checklist formally, but the child's welfare is still the court's paramount consideration and the judge can still question an agreed order.
What are the seven points of the welfare checklist?
The checklist in section 1(3) asks the court to have particular regard to these seven factors. The order below follows the Act.
(a) The child's ascertainable wishes and feelings, in the light of their age and understanding
The court must take into account what the child wants and how they feel, as far as that can be found out. There's no fixed age at which a child's views decide a case. In general, the older and more mature the child, the more weight their views carry, but a child's wishes are one factor among seven and the court still decides what's best for them. Usually a Cafcass officer speaks to the child. Occasionally a judge may meet the child or read a letter the child has written.
(b) The child's physical, emotional and educational needs
The court looks at the child's needs now and in the longer term: a safe home, health care, schooling, routine and emotional security. Physical needs are often easier to assess than emotional ones, so the court relies on evidence such as school reports, health information and the Cafcass report.
(c) The likely effect on the child of any change in their circumstances
The court thinks about how a change, such as moving home, changing school or changing who the child mainly lives with, would affect the child. Stability matters, but the court won't keep things as they are if the current situation isn't good for the child.
(d) The child's age, sex, background and any characteristics the court considers relevant
This covers the child's culture, religion, language, ethnicity, health and any disability or special needs. It helps the court make arrangements that fit this particular child rather than a typical one.
(e) Any harm the child has suffered or is at risk of suffering
"Harm" has a wide meaning in the Children Act 1989. Section 31(9) defines it as ill-treatment or the impairment of health or development, including impairment suffered from seeing or hearing the ill-treatment of another person. So a child who witnesses domestic abuse can be harmed even if they're never hurt themselves. Where domestic abuse is alleged, the court also follows Practice Direction 12J of the Family Procedure Rules.
(f) How capable each parent, and any other relevant person, is of meeting the child's needs
The court looks at each parent's practical and emotional ability to care for the child, and at anyone else who matters to the question, such as a new partner or a grandparent. This isn't about which parent has the bigger house. It's about who can meet this child's needs, and how each parent supports the child's relationship with the other.
(g) The range of powers available to the court
The court considers every order it could make in the case, not only the one applied for. In proceedings about a child, the court can make a section 8 order even if nobody has applied for that particular order.
Where is the welfare checklist found?
The welfare checklist is in section 1(3) of the Children Act 1989. Section 1 as a whole sets out the welfare principles, and section 1(4) says when the checklist must be used. You can read the current wording on legislation.gov.uk.
Why is the welfare checklist important in court?
The welfare checklist gives every children case the same structure. Cafcass and local authority reports are usually written around it, and judges often work through it in their decisions. No single factor automatically outweighs the others; the weight given to each depends on the facts.
It also gives parents a practical guide. If you're writing a statement for a C100 application, framing what you say around the child's needs, wishes and safety, rather than the other parent's faults, usually helps the court far more. Our step-by-step C100 guide explains the form itself.
What is the paramountcy principle?
The paramountcy principle is the rule in section 1(1) of the Children Act 1989 that, when a court decides any question about a child's upbringing, the child's welfare is the court's paramount consideration. That means the child's welfare comes before the wishes of either parent. The welfare checklist is the tool the court uses to work out what the child's welfare requires.
What other principles in section 1 matter?
Delay: any delay in deciding the question is likely to harm the child's welfare (section 1(2)).
No order: the court won't make an order unless doing so would be better for the child than making no order at all (section 1(5)).
Parental involvement: in certain cases the court must presume that each parent's involvement in the child's life will further the child's welfare, unless the contrary is shown (section 1(2A)). Involvement can be direct or indirect and doesn't mean any particular division of time (section 1(2B)). The presumption doesn't apply to a parent whose involvement would put the child at risk of harm (section 1(6)).
The Courts and Tribunals Bill, which is before Parliament at the time of writing (checked 23 October 2026), would repeal the presumption of parental involvement. Until that change is passed and in force, the presumption still applies.
How is a child's best interest decided?
The court decides a child's best interests by applying the welfare principles in section 1 and working through the checklist. Two themes come up again and again. First, the benefit to the child of a relationship with both parents, where that is safe. Second, the child's emotional, social, educational and physical development. Safety always comes first: if involvement with a parent would put the child at risk, the court can limit or stop contact.
What is a Section 7 report and why is it important?
A Section 7 report is a welfare report the court can order under section 7 of the Children Act 1989. It's written by Cafcass in England, Cafcass Cymru in Wales, or the local authority, usually where children's services already know the family. You may hear it called an S7 report.
The report covers whatever welfare questions the court asks, often including the child's wishes and feelings, any safety concerns, and issues such as a move of school or area. The writer usually speaks to each parent and, where appropriate, the child, and makes recommendations framed around the welfare checklist. The recommendations carry real weight, but the judge makes the final decision. Our guide on how to prepare for a Cafcass call explains what to expect.
What does promoting a child's welfare mean?
Promoting a child's welfare means protecting them from harm and helping them grow up safe, healthy and secure, with their needs met. For separated parents, some practical ways to do that are:
keeping the child out of adult arguments and court papers
listening to the child and letting them know they can talk to you
helping the child recognise unsafe behaviour and know who to tell
keeping routines, school and friendships as steady as you can
speaking about the other parent respectfully in front of the child, where it's safe to do so
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We are not solicitors and we do not represent clients in court. We help parents and family members prepare C100 applications, witness and position statements focused on the welfare checklist, and court bundles for children cases.
Email us at help@incourt.co.uk or use the contact form on our website. You can read what clients say about us in our Google reviews.
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Frequently asked questions
How many points are in the welfare checklist?
There are seven, labelled (a) to (g) in section 1(3) of the Children Act 1989: the child's wishes and feelings; their needs; the effect of change; their age, sex, background and characteristics; harm; each parent's capability; and the court's range of powers.
At what age can a child decide which parent to live with?
There's no age at which a child decides. The court gives more weight to an older, more mature child's views, but their wishes and feelings are one factor in the welfare checklist and the court still decides what's best for them.
Does the welfare checklist apply if we agree arrangements?
Not formally. Section 1(4) requires the checklist where a section 8 order is opposed, and in special guardianship and care cases. The child's welfare is still the court's paramount consideration when it approves an agreed order.
Is the welfare checklist the same as the paramountcy principle?
No. The paramountcy principle in section 1(1) says the child's welfare comes first. The welfare checklist in section 1(3) lists the factors the court uses to work out what the child's welfare requires.
Is the presumption of parental involvement being abolished?
The Courts and Tribunals Bill would repeal it, but at the time of writing (23 October 2026) it is still before Parliament, so the presumption in section 1(2A) of the Children Act 1989 still applies.
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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