Current version (as amended)

Section 1 of the Children Act 1989 , as it currently stands (that is — with any amendments), is as follows:

Welfare of the child

1. (1)  

   When a court determines any question with respect to —

   1. (a)  the upbringing of a child; or
   2. (b)  the administration of a child’s property or the application of any income arising from it,

   the child’s welfare shall be the court’s paramount consideration.

2. (2)  

   In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.

3. (2A)  

   A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare.

4. (2B)  

   In subsection (2A) “involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child's time.

5. (3)  

   In the circumstances mentioned in subsection (4), a court shall have regard in particular to —

   1. (a)  the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
   2. (b)  his physical, emotional and educational needs;
   3. (c)  the likely effect on him of any change in his circumstances;
   4. (d)  his age, sex, background and any characteristics of his which the court considers relevant;
   5. (e)  any harm which he has suffered or is at risk of suffering;
   6. (f)  how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
   7. (g)  the range of powers available to the court under this Act in the proceedings in question.
6. (4)  

   The circumstances are that —

   1. (a)  the court is considering whether to make, vary or discharge a section 8 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or
   2. (b)  the court is considering whether to make, vary or discharge a special guardianship order or an order under Part IV .
7. (5)  

   Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.

8. (6)  

   In subsection (2A) “parent” means parent of the child concerned; and, for the purposes of that subsection, a parent of the child concerned—

   1. (a)  is within this paragraph if that parent can be involved in the child's life in a way that does not put the child at risk of suffering harm; and
   2. (b)  is to be treated as being within paragraph (a) unless there is some evidence before the court in the particular proceedings to suggest that involvement of that parent in the child's life would put the child at risk of suffering harm whatever the form of the involvement.
9. (7)  

   The circumstances referred to are that the court is considering whether to make an order under section 4(1)(c)  or (2A)  or 4ZA(1)(c)  or (5)  (parental responsibility of parent other than mother).

Meaning of terms

Certain terms in the Children Act 1989 have a specific meaning which is defined in the Act:

• “Child” means, subject to paragraph 16  of Schedule 1 , a person under the age of 18.

• “Harm” means ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another.

  • “Development” means physical, intellectual, emotional, social or behavioural development.
  • “Health” means physical or mental health.
  • “Ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.
• “Parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property (as defined in section 3 ).

• “Section 8 order” means any of the orders mentioned in subsection 8(1) and any order varying or discharging such an order, and can be —

  • a Child Arrangements Order (since 22^nd April 2014)
  • a Contact Order (before 22^nd April 2014)
  • a Prohibited Steps Order
  • a Residence Order (before 22^nd April 2014)
  • a Specific Issue Order
• “Special Guardianship Order” means an order appointing one or more individuals to be a child’s “special guardian” (or special guardians), under subsection 14A .
• “This Act” means the Children Act 1989 .
• “Upbringing”, in relation to any child, includes the care of the child but not his maintenance.