Children's Rights During Family Breakdown
Learn how the law protects children during separation and divorce, including their right to have a relationship with both parents and how the court decides what is in a child's best interests.
When parents separate, children can feel caught in the middle. The law in England and Wales places the welfare of the child at the heart of every decision, ensuring that their rights and needs come first. Understanding how the law protects your children can help you navigate this difficult time.
The Welfare Principle
Section 1 of the Children Act 1989 establishes that when any court determines any question about a child's upbringing, the child's welfare shall be the court's paramount consideration. This means that every decision made by the court must prioritise what is best for the child, not what either parent wants.
The Welfare Checklist
When making decisions about children, the court considers several factors known as the welfare checklist. These include the ascertainable wishes and feelings of the child (considered in light of their age and understanding), the child's physical, emotional, and educational needs, the likely effect on the child of any change in circumstances, the child's age, sex, background, and any relevant characteristics, any harm the child has suffered or is at risk of suffering, how capable each parent is of meeting the child's needs, and the range of powers available to the court.
Child Arrangements Orders
If parents cannot agree on where a child should live or how much time they should spend with each parent, either parent can apply for a Child Arrangements Order. This order sets out the living arrangements for the child and the contact arrangements with the non-resident parent.
The court's starting point is that it is in the child's best interests to have a meaningful relationship with both parents, provided it is safe to do so. However, where there are concerns about domestic abuse or safeguarding, the court will take steps to protect the child, including ordering supervised contact or, in serious cases, no contact at all.
How We Can Help
At CVG Family Law, our children's safeguarding specialists understand the emotional complexity of these cases. We work to achieve outcomes that genuinely serve your child's best interests, whether through negotiation, mediation, or court proceedings. We always encourage parents to reach agreement where possible, as this is usually better for children. Book a free consultation to discuss your child's situation.