ABSTRACT
The welfare principle You should be aware of the most important principle of the Children Act 1989. Part I of the Act makes the child’s welfare paramount, which means that it overrides every other consideration, including the parents’ rights, feelings and wishes. It is, of course, not always easy to determine what might be in the child’s best interest, and each parent or relative will probably have a different view. It is, however, something which you should always bear in mind when advising your client or considering making an application to the court. You should, in other words, always try to see the situation from the point of view of the child. For example, a mother may not want her child to see his father, as she feels angry with him for leaving her. You must always bear in mind that every child has the right to know both parents, unless there are exceptional circumstances, regardless of the parents’ feelings towards each other.
