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The law and your children

General principles >> The welfare checklist

The actual wording of the law is as follows. A court shall have regard in particular to:

  • the ascertainable wishes and feelings of the child concerned (considered in the light of his or her age and nderstanding);
    their physical, emotional and educational needs;
    the likely effect on them of any change in his circumstances;
  • their age, sex, background and any of their characteristics that the court considers relevant;
  • any harm which they have suffered or are at risk of suffering; and
  • how capable each of his or her parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his or her needs.