WELFARE PRINCIPLE s1(1) and STATUTORY CHECKLIST s1(3)

Question 1

s1(1) CA 1989

Answer 1

C’s welfare is the paramount consideration

Question 2

Checklist for criteria of Cs best interests

Answer 2

s1(3)

a) Cs ishes and feelings
b) physical, emotional and educational need
c) effect of any change in circumstance
d) age/sex/religion any other relevent charascteristic
e) harm C has/at risk of suffering
f) capability of Ps/others of looking after C
g) whole range of powers of court under CA

Question 3

C’s wishes and feelings

Answer 3

older they are more weight give
Re H (RESIDENCE): threat to end life serious enough view not to force C to live with M
Re M: Cs blinded by fathers view so wishes ignored

Question 4

Physical/emotional/educational need

Answer 4

Re G (RELIGIOUS UPBRINGING)

• M preffered less orthodox school with more opportunites and both sexes given same opportunites
• in Cs intrest eductional need

Question 5

effect of change of circumstance

Answer 5

Re A

- C should not be moved from residence without good reason

Question 6

harm understood same as s31(1)

Answer 6

Re W(RESIDENCE ORDER) 
- relaxed attitude to nudity not evidence of harm

Question 7

Principle of no delay

Answer 7

s1(2) CA -> unnecessary delay harmful

Question 8

no order principle

Answer 8

s1(5)
DAWSON v WEARMOUTH
- no positive effect to order no order allowed

Question 9

natural parerent presumption challenged in?

Answer 9

Re G (RESIDNCE: SAME SEX PARNER) 2006
Re B 2009

Question 10

Relocation of C s13 CA

Answer 10

13(1)B residence order in force means C cant be removed for more than a month without signed consent of all PR or court consemt
13(2) less than a month is fine

Question 11

PAYNE v PAYNE

Answer 11

• refusing primary carers reasonable request to relocation is likely to impact detrimentally on C -> will likely be granted unless court finds contary to Cs welfare

Question 12

PAYNE GUIDANCE

Answer 12

1) Is application genuine?
2) If yes, examine opposition. Is it driven by genuine concern
3) How would refusla impact 4) 2 and 3 should be assesed under consideration of Cs welfare