At Bennett Oakley, we understand that when it comes to legal matters involving children, emotions can run high and making decisions can feel overwhelming. Whether you are navigating a separation, divorce, or a disagreement over arrangements, the law prioritises the welfare and best interests of the child above all else.

Under Section 1 of the Children Act 1989, the child’s welfare is the court’s primary consideration when deciding whether to make an order. This welfare principle guides all our advice and representation in children’s matters, with the aim of achieving solutions that support your child’s wellbeing and long-term stability.

What Approach Does the Court Take When Deciding Children’s Matters?

The court starts from the position that both parents play an important role in a child’s life, and encourages them to reach an agreement where possible. This can be achieved through:

• Direct communication
• Family mediation
• Discussions via solicitors

However, it’s important to note that agreements reached in these ways are not legally binding. If you require legal certainty or need to enforce arrangements, a binding court order may be necessary.

How Does the Court Decide What Orders to Make?

Within Children Act proceedings the court has wide powers to make a range of orders as it sees fit, even if they haven’t been applied for. The court’s primary focus when making decisions is the child’s welfare. Section 1 Children Act 1989 contains a non-exhaustive list of factors the court will consider which is commonly known as the ‘welfare checklist’.

The court will also uphold the principle that any delay is likely to prejudice the welfare of the child concerned, and will not make an order unless to do so would be better for the child than making no order at all.

Under certain circumstances it is possible to make an urgent application and ask that the court makes the order without notice to the other party.

Types of Court Orders Involving Children

Child Arrangements Order

A Child Arrangements Order sets out where a child will live and who they will spend time with. It replaces the old concepts of “residence” and “contact”. Time can be direct (in-person) or indirect (e.g. video calls, letters) and the arrangements are tailored to each child’s needs.

Prohibited Steps Order

A Prohibited Steps Order prevents one parent from making specific decisions about a child without the court’s permission. This could include:

• Changing a child’s school or nursery
• Moving a child away from the local area
• Taking a child abroad
• Changing the child’s name

Specific Issue Order

A Specific Issue Order helps to resolve particular disagreements about a child’s upbringing. This might involve:

• Medical treatment
• Religious education
• Relocation abroad
• Passport and travel disputes
• Activity Directions and Conditions

The court may order one or both parents to take part in activities designed to improve parenting skills or child involvement. This could include:

• Parenting programmes
• Conflict management courses
• Counselling or therapeutic support

Speak to a Family Law Solicitor Today

Due to the sensitive nature of family matters choosing the right solicitor for your matter is essential. We therefore offer a free initial telephone consultation so you can find out more about our services and decide if we are the right fit for you. If you would like to set up a free initial call, please complete the contact form here and a member of the team will be in touch.

This page is intended for general guidance only and is not a substitute for tailored legal advice. If you need assistance with children’s law, please contact our specialist family solicitors at Bennett Oakley today.