The welfare checklist is a set of factors that must be taken into account by the court when making decisions about the welfare of a child in family law cases, including those under the Children Act 1989 in England and Wales. The welfare checklist is set out in section 1(3) of the Children Act 1989 and includes the following factors:
The ascertainable wishes and feelings of the child concerned (considered in light of their age and understanding).
The child's physical, emotional, and educational needs.
The likely effect on the child of any changes in their circumstances.
The child's age, sex, background, and any other relevant characteristics.
Any harm the child has suffered or is at risk of suffering.
How capable each of the child's parents, or any other relevant person, is of meeting their needs.
The range of powers available to the court.
The welfare checklist is designed to ensure that the best interests of the child are the court's primary consideration when making decisions about their welfare. Each of the factors in the welfare checklist should be given equal weight, and the court must balance them against each other to determine what is in the child's best interests. The welfare checklist is a fundamental aspect of family law in England and Wales and is considered a cornerstone of child welfare legislation.