UKWhat does the court consider when deciding children's residence?
The court considers the child’s welfare as the paramount concern, guided by the welfare checklist in section 1(3) of the Children Act 1989.
What the Law Says
When deciding where a child should live — known legally as a 'child arrangements order for residence' — the court’s primary legal duty is set out in the Children Act 1989. The law requires the child’s welfare to be the court’s top priority, and it must consider specific factors laid out in the welfare checklist.
Under section 1(1) of the Children Act 1989, the child’s welfare is the court’s ‘paramount consideration’ when making any decision about their upbringing or the administration of their property.
Section 1(3) sets out the welfare checklist — seven key factors the court must consider. These include the child’s wishes and feelings (considered in light of their age and understanding), their physical, emotional and educational needs, the likely effect on them of any change in circumstances, their age, sex, background and any other relevant characteristics, any harm they have suffered or are at risk of suffering, how capable each parent (or carer) is of meeting their needs, and the range of powers available to the court.
Statutory TextWhen a court determines any question with respect to… the upbringing of a child… the child’s welfare shall be the court’s paramount consideration.
— Children Act 1989, s. 1(1) — Welfare principle
Statutory TextIn the circumstances mentioned in subsection (1) a court shall have regard in particular to— (a) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding); (b) his physical, emotional and educational needs; (c) the likely effect on him of any change in his circumstances; (d) his age, sex, background and any characteristics of his which the court considers relevant; (e) any harm which he has suffered or is at risk of suffering; (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; (g) the range of powers available to the court under this Act in the proceedings in question.
— Children Act 1989, s. 1(3) — Welfare checklist
What to Do
Gather evidence showing how your home meets the child’s physical, emotional and educational needs.
Record the child’s expressed wishes (if age-appropriate) — e.g., through a letter, drawing, or school report.
Prepare information about the other parent’s capacity to care, including any safeguarding concerns.
Apply for a child arrangements order using Form C100, and attend a Mediation Information and Assessment Meeting (MIAM) first (unless exempt).
Ensure all submissions to court clearly link evidence to the s. 1(3) welfare checklist factors.
Sources
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US-CaliforniaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.