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The Welfare Principle - Coggle Diagram

- - - - Defined by section 105.
        
        ‘a question of upbringing is determined whenever the central issue before the court is one which relates to how the child is being reared’ - Re Z (A Minor) (Identification: Restrictions on Publication) [1997] Fam 1, 29
        
        in a later case of A Child) (Injunctions Restraining Publication), the definition of 'upbringing': the bringing up, care for, treatment, education and instruction of the child throughout childhood by its parents or by those in loco parentis. Upbringing thus involves a process in which the parent, or other person in loco parentis, is the subject and of which the child is the object…. Section 1(1)(a) of the 1989 Act therefore applies only to those processes or actions of which the child is the object, and not to those in which the child is the subject
  - - - n M v H [1998] 3 WLR 485
- - - - the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
      - his physical, emotional, and educational needs;
      - the likely effect on him of any change in his circumstances;
      - his age, sex, background, and any characteristics of his which the court considers relevant;
      - any harm which he has suffered or is at risk of suffering;
      - 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; and
      - the range of powers available to the court under this Act in the proceedings in question.
      - this list is non exhaustive and there is no heroarcy or order of importance.
- - - - R Mnookin, In the Interests of Children: Advocacy, Law Reform, and Public Policy (WH Freeman & Co 1985)