Updated: July 2026
Reviewed by Jess Knauf, Director of Client Strategy at Mediate UK. Information reflects current family law and court procedure in England and Wales as of 15 July 2026.
Key Points
- The welfare checklist is a set of seven factors the family court must weigh up when it decides what is best for a child.
- It comes from Section 1(3) of the Children Act 1989, and the child’s welfare is always the court’s most important consideration.
- The court also starts from a presumption that keeping both parents involved in a child’s life is good for them, unless there is evidence it would put the child at risk.
- CAFCASS uses the same checklist to carry out safeguarding checks and to write any welfare report the court orders.
- Understanding the checklist helps you complete your C100 form well, especially the parts where you explain why you are applying and what order you want.
Quick Answer
The welfare checklist is the list of seven factors a family court must consider under Section 1(3) of the Children Act 1989 when it makes a child arrangements order. The factors cover the child’s wishes, needs, the effect of change, their background, any risk of harm, each parent’s capability, and the orders the court can make. Above all of them sits one rule: the child’s welfare comes first.
If you are applying to court over where your child lives or how much time they spend with each parent, you will keep meeting one phrase: the welfare checklist. It sounds technical, and it can feel like the outcome rests on rules you cannot see. In reality, the checklist is simply the framework the court uses to reach a fair decision, and once you understand it, the whole process makes far more sense. Knowing what a judge is looking for also helps you present your case and prepare for CAFCASS with a clear head.
This guide explains what the welfare checklist is, walks through each of the seven factors in plain English, and shows how the court and CAFCASS apply them when deciding arrangements for their children. It also shows how the checklist links directly to the C100 form, so you can complete yours in a way that speaks the court’s language.
What is the welfare checklist?
The welfare checklist is a list of factors set out in Section 1(3) of the Children Act 1989. When a court is asked to make, change or end a child arrangements order, or a prohibited steps or specific issue order, it must run through these factors before deciding what is best for the child.
Sitting above the checklist is the welfare principle, sometimes called the paramountcy principle. It means the child’s welfare is the court’s most important consideration, ahead of what either parent wants. The court is not there to decide who is the better parent or to reward or punish anyone. It is there to work out what arrangement will serve the child.
The same checklist is used across a wide range of children cases, from private disputes between parents to cases brought by a local authority. No single factor outweighs the others. The court balances them all against each other and reaches a decision on the whole picture.
The seven factors in the welfare checklist
Here are the seven factors the court must consider, with what each one means in practice.
1. The child’s wishes and feelings
The court considers what the child wants, weighed against their age and understanding. An older teenager’s views carry more weight than those of a young child, but they are never the deciding factor on their own. The court also looks at whether the child’s views are genuinely their own, rather than shaped by one parent. In most cases these wishes are gathered by a CAFCASS officer and reported to the court.
2. The child’s physical, emotional and educational needs
This covers everything from a stable home and routine to emotional security and schooling. Physical needs are usually straightforward. Emotional needs take more care, and the court will think about who is best placed to support the child day to day and over the longer term.
3. The likely effect of any change
Children tend to do well with consistency, so the court thinks carefully about disruption. A change of home, school or routine can unsettle a child, so the court usually leans towards arrangements that keep their life predictable, unless there is a strong reason to do otherwise.
4. The child’s age, sex, background and characteristics
Every child is different, so a one-size-fits-all answer will not do. The court takes account of the child’s age, their cultural and religious background, and any particular needs or characteristics that matter to their care.
5. Any harm the child has suffered or is at risk of suffering
This is where safeguarding comes to the front. Harm includes physical, emotional and psychological harm, and the harm a child can suffer from seeing or hearing the abuse of others. The court looks at both past harm and future risk, and its duty to protect the child runs through the whole decision. If you have safety concerns, these are raised using the C1A supplementary form alongside the C100.
6. How capable each parent is of meeting the child’s needs
The court weighs up how well each parent, or anyone else involved, can meet the child’s needs. This is not about who earns more or has the bigger house. It is about parenting: time, patience, stability, and the willingness to support the child’s relationship with the other parent. A parent seen to undermine that bond, without a genuine safety reason, may be viewed as less able to meet the child’s emotional needs.
7. The range of powers available to the court
Finally, the court considers the full range of orders it could make under the Children Act 1989, not only the one you have asked for. It can make a different order, add conditions, or decide that no order is needed at all. You can read more about the options in our guide to the different types of child arrangements orders.
How the court decides child arrangements
When you ask how the court decides child arrangements, the honest answer is that it does not follow a scoring system. The judge takes the seven factors, applies them to your family, and reaches a view on what serves the child best. Alongside the checklist, three further principles guide the process.
- The presumption of parental involvement: the court starts from the position that involving both parents in a child’s life will further the child’s welfare, unless there is evidence that involvement would put the child at risk. This was added by the Children and Families Act 2014.
- The no delay principle: delay is treated as harmful to a child, so the court aims to resolve matters without unnecessary hold-ups.
- The no order principle: the court will only make an order if doing so is better for the child than making no order at all. If parents can agree, a formal order may not be needed.
That last principle matters. Many parents reach a workable agreement without the court imposing one, often through mediation. Where you can agree the arrangements yourselves, you give your child stability far sooner than a contested case would, and usually at a fraction of the cost and stress. The welfare checklist is still the right lens to plan through, whether you end up in court or not.
“In our work we see the welfare checklist shape every decision the court makes, and the parents who understand it early tend to feel far more in control. When you frame your position around your child’s needs, rather than the argument with your ex-partner, you are speaking the same language the court and CAFCASS use. That shift in focus is often what moves a case forward.”
Jess Knauf, Director of Client Strategy, Mediate UK
How CAFCASS uses the welfare checklist
You will almost certainly deal with CAFCASS, the Children and Family Court Advisory and Support Service, during a child arrangements case. A CAFCASS officer’s job is to advise the court on what is best for your child, and their work is guided by the welfare checklist from start to finish.
Before the first hearing, CAFCASS carries out safeguarding checks. They speak to each parent by phone and check with the police and local authority for any recorded concerns. They then send a short safeguarding letter to the court. In more complex cases, the court may order a fuller welfare report, known as a Section 7 report. For that, the CAFCASS officer meets the child, both parents and others involved, then writes a recommendation on what arrangements best serve the child. These reports carry significant weight.
This is why the checklist is so useful to you before you ever speak to CAFCASS. If you already know the officer will be thinking about your child’s needs, routine, safety and each parent’s capability, you can prepare to speak to those points calmly and specifically, rather than getting drawn into blaming the other parent.
Real Example
Framing an application around the child, not the dispute
A father wanted his time with his eight-year-old daughter increased from every other weekend to include a midweek overnight. His first instinct was to list everything the other parent had done wrong. Once he understood the welfare checklist, he reframed his application around his daughter’s needs: the midweek night kept up their routine of reading together, meant she saw both parents across the school week, and caused no disruption to her school or friendships. The court and the CAFCASS officer were far more able to engage with a request built around the child than with a list of grievances.
How the welfare checklist connects to your C100 form
A child arrangements order starts with the C100 form. The welfare checklist is not something you fill in on the form, but it shapes how you should complete two important parts of it.
- The reasons for your application: this is your chance to explain, briefly and clearly, why you are asking the court to step in. If you write it through the lens of your child’s needs and routine, rather than the conflict with the other parent, it lands far better with the judge and CAFCASS.
- The order you are seeking: the checklist reminds you to ask for the arrangement that fits your child, not simply the one that suits you. A realistic, child-focused request is more likely to succeed.
Getting this right on the form saves time later. A well-framed C100 sets the tone for the whole case and gives the CAFCASS officer a clear, child-centred starting point. If you want to know what happens once the form is in, our guide on what happens after you submit a C100 takes you step by step through to the first hearing.
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Can you agree arrangements without going to court?
Yes, and in most families the arrangements are agreed rather than imposed. Because of the no order principle, the court would rather parents reach their own workable plan than have one decided for them. Before you can apply for most child arrangements orders, you also need to attend a MIAM, a Mediation Information and Assessment Meeting, to see whether mediation could resolve things first.
Mediation works through exactly the same welfare-focused thinking the court uses, but it keeps you in control of the outcome, and it is usually quicker and less expensive than a contested hearing. Many parents reach a full agreement this way and either avoid court altogether or turn their plan into a consent order.
Mediate UK
Could Mediation Help You Avoid Court?
If you would like to reach an agreement rather than ask a judge to decide, Mediate UK can help you build a child-focused arrangement that works for your family. For cases involving children, you may also qualify for the government’s family mediation voucher of up to £500 towards the cost.
In Summary
The welfare checklist is the framework the family court uses to decide what is best for a child. Its seven factors, set out in Section 1(3) of the Children Act 1989, cover the child’s wishes, their needs, the effect of change, their background, any risk of harm, each parent’s capability, and the orders the court can make. Above them all sits the welfare principle: the child comes first.
Understanding the checklist helps you at every stage, from framing your C100 form and preparing for CAFCASS, to deciding whether mediation could resolve things without a hearing. Keep your focus on your child’s needs and you will be speaking the same language as the court.
Frequently Asked Questions
What is the welfare checklist in family law?
The welfare checklist is a list of seven factors the family court must consider when deciding what is best for a child in a case such as a child arrangements order. It covers the child’s wishes, their physical, emotional and educational needs, the effect of any change, their age and background, any risk of harm, each parent’s capability, and the range of orders the court can make.
Where does the welfare checklist come from?
The welfare checklist is found in Section 1(3) of the Children Act 1989. The same section sets out the welfare principle, which says the child’s welfare must be the court’s most important consideration in any decision about their upbringing.
Does a child get to decide who they live with?
No. A child’s wishes and feelings are one factor in the welfare checklist, and they carry more weight as the child gets older and more able to understand the situation. They are never decisive on their own. The court weighs them against all the other factors to decide what is in the child’s overall best interests.
How does CAFCASS use the welfare checklist?
CAFCASS uses the welfare checklist to guide its safeguarding checks before the first hearing and to write any welfare report the court orders, known as a Section 7 report. The CAFCASS officer looks at the child’s needs, wishes, safety and each parent’s capability, then advises the court on what arrangements would best serve the child.
Do I mention the welfare checklist on my C100 form?
You do not fill the checklist in directly, but you should use it to shape what you write. When you explain your reasons for applying and the order you are seeking, frame everything around your child’s needs and routine. This is what the court and CAFCASS look for, and a child-focused C100 tends to move a case along more smoothly.
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