This Practice Note provides information on the principle contained in section 1 of the Children Act 1989 (ChA 1989) that any delay in determining proceedings with respect to the upbringing of a child is likely to prejudice the welfare of the child. It explains the circumstances in which the principle applies and general points in relation to avoidance of delay.
The principle of avoidance of delay
In any proceedings in which any question with respect to the upbringing of a child arises, the court must have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child. This places an onus on the court to ensure that any proceedings concerning the upbringing of a child are conducted as expeditiously as possible.
It is acknowledged that delay is not always prejudicial to the child's welfare. Delaying a decision to allow a period of monitored contact may be regarded as purposeful, and a proportionate interference with the rights of the parties.
There are occasions where a delay will be justified
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Timetable definition
What does Timetable mean?
At the core of the PLO is the objective to resolve the application without delay and within 26 weeks (beginning with the day on which the application is issued). The court will timetable the proceedings with regard to the child's welfare and development.
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