When a family court judge decides any question about a child's upbringing — where they live, who they see, what school they attend — the law requires them to treat the child's welfare as the paramount consideration. To do that consistently, judges apply a statutory framework known as the welfare checklist.
The welfare checklist is set out in Section 1(3) of the Children Act 1989. It lists seven factors the court must consider. Understanding these factors is essential if you are representing yourself — because the judge is measuring every piece of evidence you provide against this list.
The welfare checklist applies in all contested children proceedings — Child Arrangements Orders, Specific Issue Orders, Prohibited Steps Orders, and CAFCASS Section 7 reports all use this framework.
The court must consider the child's own views, in the light of their age and understanding. A 14-year-old's clear and consistent preference carries significant weight. A 4-year-old's stated preference is considered but not determinative.
CAFCASS will usually ascertain the child's wishes directly. If the child is old enough, they may speak to the judge.
This is one of the most heavily weighted factors. It covers the child's day-to-day needs: stable housing, schooling, healthcare, emotional security, and relationships with both parents and wider family.
Courts look for evidence of which parent has been the primary carer, who attends medical appointments, school events, and who knows the child's routines.
Courts are generally cautious about disrupting a child's established routine. If a child is settled in a school, home and community, moving them carries a burden of proof — the proposed change must clearly serve the child's welfare.
This catches everything specific to this particular child — their cultural background, religion, language, any special educational needs or disabilities, their sibling relationships, and their existing bonds.
This covers both actual harm (abuse, neglect, domestic violence the child has witnessed) and risk of harm. Courts take this factor very seriously. Allegations of domestic abuse are addressed under Practice Direction 12J.
Harm includes: physical, emotional and sexual abuse; neglect; exposure to domestic abuse; the effects of parental conflict.
The court assesses each parent's practical ability to care for the child — their housing, employment, mental and physical health, parenting skills, and willingness to support the child's relationship with the other parent.
Crucially, courts consider whether each parent will facilitate contact with the other parent. A parent who obstructs contact without good reason is viewed negatively under this factor.
This reminds the judge to consider all available orders — not just what the parties are asking for. The court can make a Child Arrangements Order, a Specific Issue Order, a Prohibited Steps Order, or no order at all (if making no order is in the child's best interests).
The most effective approach is to structure your witness statement and position statement around these seven factors. Go through each one and explain what your evidence shows. Where you have strong evidence, cite it clearly. Where a factor is less relevant to your case, acknowledge it briefly and move on.
Judges read many statements. One that maps neatly to the welfare checklist is far easier to follow — and far more persuasive — than a chronological account of everything that has gone wrong.
When a CAFCASS officer writes a Section 7 report, they are assessing the same seven factors. Their report will typically address each one in turn and make a recommendation on what arrangement best serves the child's welfare. If you disagree with their assessment of a particular factor, your challenge should be targeted at that factor specifically — with evidence.
MyCaseOrganiser's Welfare Checklist Mapper analyses your uploaded case documents and maps your evidence against each of the 7 factors — showing you where you are strong, where you have gaps, and what to address before your hearing.
Try the Welfare Checklist Mapper →