DBS Law Ltd

factors court considers in disputes concerning children

 

The court’s paramount consideration in deciding any question concerning a child’s upbringing is the welfare of the child. The court will consider the following factors:

• The ascertainable wishes and feeling of the child concerned (considered in the light of his age and understanding);
• The child’s physical, emotional and education needs;
• The likely effect on the child of any change in his circumstances;
• The child’s age, sex, background and any characteristics of his which the court considers relevant;
• Any harm which the child has suffered or is at risk of suffering;
• How capable each parent and any other person in relation to whom the court considers the question to be relevant is of meeting the child’s needs;
• The range of powers available to the court in the proceedings in question 

TYPES OF ORDERS THE COURT CAN MAKE IN CHILDREN'S APPLICATIONS

RESIDENCE ORDER

An order stating with which person a child is to live.

CONTACT ORDER

An order requiring the person with whom a child lives, to allow the child to visit, stay or have some other form of contact with the person named in the order.

PROHIBITED STEPS ORDER

An order prohibiting a parent from taking a step such as removing his child from the country or from the care of the person with whom the child lives.

SPECIFIC ISSUE ORDER

An order determining an issue which has arisen in connection with any aspect of parental responsibility for the child, such as whether the child’s surname should be changed.

MEANING OF PARENTAL RESPONSIBILITY

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.

 

DBS Law are able to advise clients on any of these issues and can represent them in court proceedings concerning their children 

• private life
• family
• property
• personal injury
• immigration
• employment