How does the court consider a child’s best interests and wishes? — Guide for England and Wales

Introduction: the child’s welfare as the primary concern

The court in England and Wales puts the child’s welfare first. Judges use legal tests and professional assessments to decide what arrangement best protects the child’s physical safety emotional development and relationships with important adults.

Legal framework: the welfare checklist

The Children Act 1989 provides the statutory welfare checklist. The judge must consider:

– the child’s wishes and feelings, according to age and understanding

– the child’s physical emotional and educational needs

– the likely effect of any change in the child’s circumstances

– the child’s age sex background and any disability

– the capability of each parent to meet the child’s needs

– any harm the child has suffered or may suffer

How the child’s wishes are assessed

The court recognises that a child’s view matters more as they grow older and more mature. CAFCASS officers or other professionals listen to the child in a private and supportive way. Older children may express views directly in court or via a written statement. The judge weighs these views against safety and long term welfare rather than treating them as decisive.

The role of CAFCASS and welfare reports

CAFCASS prepares a welfare report after interviewing the child parents and other relevant adults. The report examines family relationships parenting capacity routines schooling and safety issues. Judges rely on these reports for an independent picture of the child’s needs and the practicalities of proposed arrangements.

Balancing wishes with objective evidence

The court weighs what the child says against objective evidence. If a child wants to live with one parent but that parent cannot provide a safe stable home, the judge gives priority to safety. Conversely, a reasonable preference by a mature child for a specific arrangement will carry substantial weight if professionals support it.

Specialist assessments and expert evidence

Where concerns such as mental health, substance misuse or alleged abuse arise the court may order expert assessments. Psychologists psychiatrists and social workers give focused evidence on harm risks attachment and capacity to parent. The judge integrates that expert analysis with the welfare checklist.

Short term welfare and long term planning

The court considers both immediate needs and the child’s long term development. Judges seek arrangements that maintain stability in schooling friendships and daily routine while enabling the child to form healthy relationships with both parents where appropriate.

Cultural, religious and identity factors

The child’s cultural religious and linguistic background forms part of the welfare assessment. The court takes account of how proposed arrangements will support the child’s identity and community ties, especially where such factors affect the child’s sense of belonging and wellbeing.

Participation, confidentiality and protections

The court balances the child’s participation with the need to protect them from harmful exposure. Where giving evidence would distress the child the court uses private interviews video links or written statements. Judges shield sensitive details from public record when appropriate.

Practical tips for parents and professionals

Focus on evidence that supports the child’s welfare: school reports, health records, witness statements and clear evidence of day to day care. Encourage the child to express views through CAFCASS rather than in adversarial settings. Prioritise stability and realistic proposals that the court can implement.

Conclusion: a welfare driven, evidence based approach

The court combines the child’s wishes with professional reports statutory factors and expert evidence to reach decisions that best serve the child’s safety, development and long term interests.

Summary

– The Children Act welfare checklist guides decisions

– CAFCASS reports and professional assessments carry significant weight

– A child’s wishes matter more with age and maturity but do not decide alone

– Safety stability and long term development override preference if conflict arises

– Provide clear evidence of day to day care and use CAFCASS to convey the child’s voice

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Peter Johnson on 1st December 2025 and is correct at the time of going to press. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here.

To follow up on any of the above please contact Guy Wilton of our family department. Guy has wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024. He is a highly experienced family lawyer with a particular interest in financial remedy proceedings and child contact disputes.

Guy’s profile on the independent Review Solicitor website can be viewed here.