England & Wales · 1989
Children Act 1989
Protects: Children whose welfare is at issue in any family or public-law proceedings.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Summary
Cornerstone of family law on children. The welfare of the child is paramount (s.1). Defines parental responsibility, child arrangements orders, prohibited steps orders, specific issue orders, and the public-law threshold for care orders.
Key provisions
s.1 — Welfare principle & checklist
Child's welfare is paramount. Court must consider the welfare checklist: ascertainable wishes, needs, effect of change, age/background, harm suffered/at risk of, parental capability, range of orders.
s.7 — Welfare report
Court orders a report from CAFCASS or local authority on welfare.
s.8 — Private-law orders
Child arrangements (live with / spend time with), prohibited steps, specific issue orders.
s.31 — Care threshold
Care order requires child is suffering, or likely to suffer, significant harm attributable to care given.
s.37 — Local authority investigation
Court can direct a local authority to investigate child's circumstances.
What this Act affects
The specific protective court orders and decision points this Act creates or feeds — with the exact statutory section.
'Lives with' / 'spends time with' order. A 'lives with' order confers PR (s.12) and triggers s.13 restrictions on surname change and removal from UK > 1 month.
Prevents a named step (e.g. removing child from school/country, change of surname, vaccination, medical decision).
Determines a specific PR question (school, religion, surname, treatment).
Welfare principle & checklist
s.1(1) + s.1(3)Decision point: paramount consideration in every s.8 application; checklist drives weighing of harm and parental capability.
Presumption of parental involvement
s.1(2A)–(2B) (inserted by s.11 CFA 2014)Decision point: presumption is rebutted where involvement risks harm — PD12J operationalises this in DA cases.
Welfare report — CAFCASS / LA
s.7Decision point: court directs a welfare report; standard in contested DA contact cases.
Local authority investigation
s.37Decision point: court directs the LA to investigate whether a care/supervision order is needed.
Care / supervision threshold
s.31Public-law threshold: child is suffering or likely to suffer significant harm attributable to care given (or beyond parental control). 'Harm' includes witnessing abuse (s.120 ACA 2002).
Emergency Protection Order
s.44Order removing or keeping child in a safe place where reasonable cause to believe likely to suffer significant harm.
Special Guardianship Order
s.14A–G (inserted by s.115 ACA 2002)Confers enhanced PR on a non-parent, exercisable to the exclusion of others (except another SG).
Section 91(14) barring order
s.91(14) (strengthened by s.67 DAA 2021)Decision point: court bars further applications without leave — used against litigation abuse by perpetrators.
PR — unmarried fathers
s.4 + s.4(2A)Decision point: PR by joint registration, PR Agreement, or PR Order. s.4(2A) allows judicial removal of an unmarried father's PR.
PR — step-parents and second female parents
ss.4A, 4ZADecision point: PR by agreement of all PR-holders or by court order.
Independent exercise of PR
s.2(7)Decision point: each PR holder may act alone except for surname change, removal from UK > 1 month, serious medical decisions, sterilisation, life-sustaining treatment.