The Welfare Principle

Front 1

What is set out under section 1(1) CA 1989?

Back 1

welfare principle- whenever the court decides any question related to the upbringing of a child, the child's welfare shall be the court's paramount consideration.

Front 2

What is stated under article 3(1) UN convention if the rights of the child?

Back 2

the child's welfare is the primary, rather than paramount consideration.

Front 3

What sections displays the no-order principle?

Back 3

section 1(5) CA 1989

Front 4

Which section displays the no-delay principle?

Back 4

section 1(2) CA 1989

Front 5

What is stated under section 10 (4) and (5) CA 1989?

Back 5

the requirements for standing for section 8 orders.

Front 6

Where can the welfare checklist be found?

Back 6

section 1(3) CA 1989

Front 7

which case states that the welfare of the child is the court's paramount (essentially sole) consideration?

Back 7

J v C

Front 8

Which case states that the meaning of welfare includes physical, emotional and educational needs?

Back 8

NHS Trust v MB

Front 9

Which case states that the 'tender years doctrine' is NOT a presumption or principle, but a recognition of widely held belief based on practical experience?

Back 9

Brixley v Lynas

Front 10

What are the two most recent cases on presumption in favour of biological parents, and what do they say?

Back 10

Re G (same-sex partner)- there is no presumption in favour of biological parents, but 'biology is an important factor and should not be downplayed'

Re B (residence order) - the court stressed that it is only as a contributor to the child's welfare that parenthood assumes any significance, and stands equal to all other factors of the case.

Front 11

Which case stated that if a decision concerns the interests of 2 children, the court must balance their interests?

Back 11

Re A (conjoined twins)

Front 12

Which case states that recourse to the welfare checklist is not mandatory in all cases, but reference to it is important when giving full effect to the paramountcy of the child's welfare?

Back 12

Dawson v Wearmouth

Front 13

In which case did Baroness Hale stress that the welfare checklist is not exhaustive, and there is no hierarchy of factors?

Back 13

Re G (same-sex partners)

Front 14

Which case states that under section 1(3) (a) greater weight is attached to the views of older children?

Back 14

Re S (children's views)

Front 15

Which case states that in extreme cases, the views of very young children can be taken into account?

Back 15

Re G (domestic violence)

Front 16

Which case states that the value of children's views depends on how they were reached- would not be taken into account if father had been lying to them?

Back 16

In Re M (long term best interests)

Front 17

In which case was the father who stressed academic achievement preferred over the mother who had a relaxed attitude towards school, under factor (b)?

Back 17

May v May

Front 18

Which case displays the status quo principle- whenever a child is in a stable environment it would generally be against their best interests to uproot them?

Back 18

Re B (status quo)

Front 19

Which case states that relationships of the mother with violent men could be taken into account under factor (e)?

Back 19

Re E (residence order)

Front 20

Which case states that under section 1(5) CA 1989 and order must be ENTIRELY NECESSARY.

Back 20

Re G (children)
-in this case it was eventually made to provide certainty for the parties.