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.

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