The Welfare Checklist: A Vital Tool in Family Court – Especially in Abuse Cases
- Deanna Newell
- Jun 26
- 3 min read
The Welfare Checklist
When preparing for family court — especially in situations involving domestic abuse, coercive control, or financial abuse — the Welfare Checklist is one of your most powerful legal tools.
It helps ensure that the court prioritises your child’s safety and wellbeing over outdated assumptions, biased narratives, or automatic contact arrangements.
What Is the Welfare Checklist?
The Welfare Checklist is a list of legal factors that a family court must consider when making decisions about a child’s upbringing under Section 1(3) of the Children Act 1989.
This checklist is designed to help the court put the child’s welfare first — above the wishes of either parent, and above any generalised assumptions that “contact is always best.”
In abuse cases, this tool is crucial. It gives you a clear legal structure to demonstrate why contact may not be safe, appropriate, or in your child’s best interests.
The Welfare Checklist: What the Court Must Consider
Under Section 1(3) of the Children Act 1989, the court must consider:-
The child’s wishes and feelings (in light of their age and understanding)
The child’s physical, emotional and educational needs
The likely effect of any change in the child’s circumstances
The child’s age, sex, background and characteristics
Any harm the child has suffered or is at risk of suffering
How capable each parent (or relevant person) is of meeting the child’s needs
The range of powers available to the court under the Act
This isn’t just legal formality — it’s a framework designed to safeguard children.
Why Is the Welfare Checklist So Important?
It Keeps the Focus on the Child
It prevents adult agendas, parental rights arguments, or court biases from overriding what is truly best for the child.
It Protects Against Harm
The court must consider:-
Past and ongoing emotional, physical, or psychological harm
The impact of trauma, abuse, and instability
The risk of harm through forced contact
It Balances Contact with Safety
Just because a parent wants contact doesn’t mean it’s safe or healthy. If contact causes harm or anxiety, the checklist supports limiting or stopping that contact.
It Anchors Your Evidence
Use each point in the checklist to structure your statements and present your evidence clearly and effectively.
Why It’s Essential in Abuse and Coercive Control Cases
Coercive control doesn’t leave bruises — but it leaves deep emotional wounds.
Children may:-
Be afraid to speak honestly
Struggle with sleep, concentration, or eating
Feel torn between loyalty and fear
Mimic or internalise abusive dynamics
If the other parent:-
Undermines your parenting
Uses finances to create instability
Disregards boundaries or expressed fears
Uses litigation to continue control
…then you must present these patterns clearly — using the Welfare Checklist to show the impact on the child.
Tip: Avoid vague labels like “narcissist” — instead, describe specific behaviours, their effects, and include professional observations (from therapists, GPs, teachers, social workers).
How To Use the Welfare Checklist Strategically
1. Learn It by Heart
Know each point — and prepare your written statements, safeguarding letters, and reports around them.
2. Frame Your Evidence
For example:-
“Under Section 1(3)(e), I ask the court to consider the emotional harm my son has experienced from ongoing intimidation and manipulation…”
3. Challenge the ‘Pro-Contact’ Assumption
Push back on lazy phrases like:-
“Children need both parents”
“They’ll adjust in time”
“The abuse was between adults”
Instead: Refocus on what the child actually needs, right now, for their development and safety.
4. Hold CAFCASS and the Court Accountable
They must follow this framework. If any point — especially harm (1(3)(e)) or needs (1(3)(b)) — is ignored or glossed over:-
Ask: “Where in this report have you considered the emotional harm under Section 1(3)(e)?”
Say: “The child’s wishes and feelings (1(3)(a)) have not been clearly presented or weighted.”
Final Thought: The Checklist Is a Shield for Children
In a system that often fails to protect children from hidden harm, the Welfare Checklist is your legal anchor. But it only works if you know it, cite it, and demand that it is applied.
Make it your homework.
Use it in every document.
Hold professionals to it.
The law is on your side — but you need to know how to use it.
Deanna Newell Family Law
Advocacy for truth-tellers, survivors, and the children who deserve better
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