ASL Solicitors: Helping Families in Greater Manchester and Beyond

When parents separate or divorce, one of the most important decisions to be made is where the child will live and how much time they will spend with each parent. These decisions are part of what are commonly called child custody arrangements. In England and Wales, courts do not automatically favour one parent over the other. The focus is always on the best interests of the child.

ASL’s family law solicitors in Rochdale have helped many families navigate this process, and we’re here to explain how the law works in practice.

What Guides the Court in Child Custody Cases?

The starting point for any child custody decision is the Children Act 1989, which puts the child’s welfare above all else. Section 1 of the Act clarifies that the child’s welfare must be the court’s “paramount consideration.” In other words, every decision must put the child’s needs first.

To help judges decide what is best for the child, the Act includes a list of key factors known as the welfare checklist.

How the Welfare Checklist Shapes Child Custody Arrangements

The welfare checklist is used to assess what will best meet the child’s needs. It includes:

• The child’s wishes and feelings (depending on their age and understanding)

• The child’s physical, emotional, and educational needs

• The likely effect of any change in circumstances

• The child’s age, background, and characteristics

• Any harm the child has suffered or may suffer

• Each parent’s ability to meet the child’s needs

• The range of powers available to the court

No single factor is more important than another. Judges weigh all these points to decide the best outcome for the child.

Putting the Welfare Checklist into Practice

Judges use the checklist when deciding on child custody cases. They consider evidence from both parents, CAFCASS officers, teachers, and sometimes medical professionals. The goal is to understand the child’s situation fully.

For example, the court may look at each parent’s home, the child’s school routine, and whether any history of harm or risk exists. The court may also take the child’s wishes into account, but this depends on their age and maturity.

What a Recent Case Tells Us About Child Custody

A 2024 case known as Re V offers a useful example of how courts apply the welfare checklist. In this case, a mother wanted to relocate to another city with her child for work. The father opposed the move, concerned it would affect his relationship with the child.

The court considered both sides and focused on the child’s needs, including emotional stability and ongoing contact with both parents. While the move was allowed, the judge made it clear that regular contact with the father must be maintained. This case shows how the court uses the best interests of the child to guide decisions in complex child custody cases.

Our Family Law Solicitors in Rochdale Put Your Child First

Every parent wants what is best for their child. The law supports this by making the child’s welfare the priority in every decision about child custody arrangements. Whether you are reaching a private agreement or preparing for court, understanding how the law works can help you make informed choices.

If you’re facing a child custody issue, getting clear and practical legal advice can make a real difference. At ASL Solicitors, our experienced team of child custody solicitors in Rochdale focuses on supporting you and your child’s wellbeing throughout the process. As trusted family law solicitors in Greater Manchester, we guide families through the court system with care and confidence. Whether you need help preparing for hearings or negotiating arrangements, our team is here to support you every step of the way. Contact ASL Solicitors today to discuss your situation and get the support your family deserves.