요약
The Children Act 1989 is the foundational statute for child law in England & Wales. It introduced the welfare principle (the child's welfare is the court's paramount consideration), the welfare checklist, parental responsibility, and a range of court orders (including child arrangements orders, specific issue orders, and prohibited steps orders). It also established the framework for local authority involvement in child protection, including care orders and supervision orders. The Act promotes the principle that children are best raised by their families wherever possible.
핵심 포인트
- Child's welfare is the court's paramount consideration (s.1(1))
- Welfare checklist: wishes/feelings of the child, physical/emotional needs, likely effect of change, age/sex/background, harm suffered or at risk of, capability of parents, range of powers available (s.1(3))
- No order principle: court should not make an order unless doing so would be better for the child than making no order at all (s.1(5))
- Parental responsibility: defined as all rights, duties, powers, responsibilities, and authority of a parent (s.3)
- Section 8 orders: child arrangements orders, prohibited steps orders, specific issue orders
- Care orders and supervision orders (Part IV)
- Local authority duties to children in need (s.17) and child protection (s.47)
편과 조
개정 이력
2002 — Adoption and Children Act 2002
Extended parental responsibility to unmarried fathers who register the birth jointly with the mother. Introduced special guardianship orders.
2014 — Children and Families Act 2014
Replaced residence and contact orders with child arrangements orders. Introduced a presumption of parental involvement in the child's life.