| Children Act 1989, Section 1, 3 and 8 |
| 1. (1) |
When a Court determines any question with respect to the upbringing of a child .....the child's welfare shall be the Court's paramount consideration.
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| (2) |
In any proceedings in which any question with respect to the upbringing of a child arises, the Court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child. |
| (3) |
In (any circumstances where a Court is considering making an order), a Court shall have regard in particular to- |
| (a) |
the ascertainable wishes and feelings of the child concerned (considered in the light of his* age and understanding);
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| (b) |
his* physical, emotional and educational needs; |
| (c) |
the likely effect on him* of any change in his* circumstances; |
| (d) |
his* age, sex, background and any characteristics of his* which the court considers relevant; |
| (e) |
any harm which he* has suffered or is at risk of suffering; |
| (f) |
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; |
| (g) |
the range of powers available to the Court under this Act in the proceedings in question. |
| (4) |
The circumstances are that the Court is considering whether to make, vary or discharge a (residence, contact or other order) and the making, variation or discharge of the order is opposed by any party to the proceedings. |
| (5) |
Where a Court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all. |
| 3. (1) |
In this Act 'parental responsibility' means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his* property. |
| 8. |
'a contact order' means an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order or for that person and the child otherwise to have contact with each other.
'a residence order' means an order settling the arrangements to be made as to the person with whom the child shall live.
*(or her) |
| The Children Act 1989 is reproduced under the terms of the Crown Copyright Policy Guidance issued by HMSO |
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