Fundamental principles

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Private law applications in relation to children are predominantly governed by the Children Act 1989 (ChA 1989), though they also overlap with the Human Rights Act 1998. They often relate to applications made under ChA 1989, s 8 for child arrangements orders (CAOs), specific issue and prohibited steps orders, and applications made for parental responsibility.

Paramountcy of the child's welfare

ChA 1989 provides that when determining any question with respect to:

  1. •

    the upbringing of a child, or

  2. •

    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.

Upbringing includes the care of the child but not their maintenance.

See Practice Note: Private children—paramountcy of the child's welfare.

Welfare of the child—presumption of continued parental involvement

Pursuant to ChA 1989, s 1(2A), where the court is considering one of the following applications, it must, in relation to each parent, presume (unless the contrary is shown) that involvement of that parent in the life of the child concerned will further that child's welfare:

  1. •

    a contested application

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