When an application is made to the Court in relation to where a child should live or what contact they should have with the non-resident parent the Court are bound by the Children Act 1989. Schedule 1 of that Act states that the Court must consider:
- The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
- Their physical, emotional and/or educational needs;
- The likely effect on them of any change in his circumstances;
- Their age, sex, background and any characteristics which the court considers relevant;
- Any harm which they have suffered or are at risk of suffering;
- How capable each of their parents and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs.