[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/www.london-law.co.uk\/how-does-the-court-consider-a-childs-best-interests-and-wishes-guide-for-england-and-wales\/#Article","mainEntityOfPage":"https:\/\/www.london-law.co.uk\/how-does-the-court-consider-a-childs-best-interests-and-wishes-guide-for-england-and-wales\/","headline":"How does the court consider a child\u2019s best interests and wishes? \u2014 Guide for England and Wales","name":"How does the court consider a child\u2019s best interests and wishes? \u2014 Guide for England and Wales","description":"Introduction: the child\u2019s welfare as the primary concern The court in England and Wales puts the child\u2019s welfare first. Judges use legal tests and professional assessments to decide what arrangement best protects the child\u2019s physical safety emotional development and relationships with important adults. Legal framework: the welfare checklist The Children Act 1989 provides the statutory [...]","datePublished":"2025-12-01","dateModified":"2025-12-01","author":{"@type":"Person","@id":"https:\/\/www.london-law.co.uk\/author\/peter-ajlo\/#Person","name":"Peter AJLO","url":"https:\/\/www.london-law.co.uk\/author\/peter-ajlo\/","identifier":19,"image":{"@type":"ImageObject","@id":"https:\/\/www.london-law.co.uk\/wp-content\/litespeed\/avatar\/4e9ed8756d384157eb826e4bc67ffb46.jpg","url":"https:\/\/www.london-law.co.uk\/wp-content\/litespeed\/avatar\/4e9ed8756d384157eb826e4bc67ffb46.jpg","height":96,"width":96}},"publisher":{"@type":"Organization","name":"AlexanderJLO London Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2018\/03\/ajlo-logo.png","url":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2018\/03\/ajlo-logo.png","width":460,"height":275}},"image":{"@type":"ImageObject","@id":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2025\/11\/OG-1200x1200-1.png","url":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2025\/11\/OG-1200x1200-1.png","height":1200,"width":1200},"url":"https:\/\/www.london-law.co.uk\/how-does-the-court-consider-a-childs-best-interests-and-wishes-guide-for-england-and-wales\/","about":["Children and divorce"],"wordCount":873,"articleBody":"Introduction: the child\u2019s welfare as the primary concernThe court in England and Wales puts the child\u2019s welfare first. Judges use legal tests and professional assessments to decide what arrangement best protects the child\u2019s physical safety emotional development and relationships with important adults.Legal framework: the welfare checklistThe Children Act 1989 provides the statutory welfare checklist. The judge must consider:– the child\u2019s wishes and feelings, according to age and understanding– the child\u2019s physical emotional and educational needs– the likely effect of any change in the child\u2019s circumstances– the child\u2019s age sex background and any disability– the capability of each parent to meet the child\u2019s needs– any harm the child has suffered or may sufferHow the child\u2019s wishes are assessedThe court recognises that a child\u2019s 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 reportsCAFCASS 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\u2019s needs and the practicalities of proposed arrangements.Balancing wishes with objective evidenceThe 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 evidenceWhere 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 planningThe court considers both immediate needs and the child\u2019s 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 factorsThe child\u2019s cultural religious and linguistic background forms part of the welfare assessment. The court takes account of how proposed arrangements will support the child\u2019s identity and community ties, especially where such factors affect the child\u2019s sense of belonging and wellbeing.Participation, confidentiality and protectionsThe court balances the child\u2019s 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 professionalsFocus on evidence that supports the child\u2019s 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 approachThe court combines the child\u2019s wishes with professional reports statutory factors and expert evidence to reach decisions that best serve the child\u2019s safety, development and long term interests.Summary– The Children Act welfare checklist guides decisions– CAFCASS reports and professional assessments carry significant weight– A child\u2019s 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\u2019s voiceAt 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\u00a0+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\u2019s 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\u2019s clients, their family and their businesses. Guy\u2019s 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\u2019s profile on the independent Review Solicitor website can be viewed\u00a0here."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"How does the court consider a child\u2019s best interests and wishes? \u2014 Guide for England and Wales","item":"https:\/\/www.london-law.co.uk\/how-does-the-court-consider-a-childs-best-interests-and-wishes-guide-for-england-and-wales\/#breadcrumbitem"}]}]