| 释义 |
welfare principle
(paramountcy principle) The principle that, when making a decision in relation to a child’s upbringing (typically, deciding with whom the child should live or have contact), the child’s welfare must be the court’s paramount consideration (Children Act 1989 s 1). This means that the child’s best interests are at all times the court’s determinative concern and that other factors (such as the “rights” of the parents) are relevant only to the extent that they assist the court in ascertaining the best solution for the child (J v C [1970] AC 668). The Children Act 1989 does not define welfare but it introduced a checklist of factors (the “welfare checklist”) to which the court must have regard when deciding whether to make certain orders such as section 8 orders and care orders. These factors include: the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding); the physical, emotional, and educational needs of the child together with his age, sex, and background; any harm that the child has suffered or is likely to suffer; and how capable his parents or any other relevant persons (e.g. a step-parent) are of meeting his needs. Under the Act any delay in determining the question of upbringing is deemed likely to prejudice the welfare of the child. However, a court will make an order only if it considers that this is the only means of ensuring the child’s welfare. (the non-intervention principle). The Children and Families Act 2014 stated that when a court is making a section 8 order or granting parental responsibility there is a presumption, unless the contrary is shown, that involvement of each parent in the life of the child will further enhance the child’s welfare (see section 1(2A) presumption). This does not mean that the court has to allocate the time spent with each parent equally. The presumption only applies where a parent can be involved in the child’s life without putting the child at risk of suffering harm. It is debatable whether the introduction of this presumption was necessary; the courts had long stressed the importance of maintaining contact between the child and both his parents. See also adoption. |