Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Children Act 1989. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Children Act 1989 1989 CHAPTER 41 An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes. [16th November 1989] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Annotations: Extent Information E1 For the extent of the provisions of this Act please see section 108(10)-(12). Modifications etc. (not altering text) C1 Act amended by Army Act 1955 (c. 18), Sch. 5A para. 7(3)–(4) (as substituted by Children Act 1989 (c. 41 SIF 20), s. 108(4)(6), Sch. 12 para. 8(2), Sch. 14 para. 27(4) ) C2 Act amended (1.11.1994) by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), ss. 30(8)(a), 39(3), 43(2); S.I. 1994/1776, art. 2(2) C3 Act modified (1.6.1996) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 21(4)(b); S.I. 1996/1173, art. 2 C4 Act modified (14.10.1991) by S.I. 1991/2032, art. 3(1). Act modified (14.10.1991) by S.I. 1991/2032, art. 7(1). Act (except for s. 41(8)) amended (01.01.1992) by S.I. 1991/2684, arts. 2(1), 4, Sch. 1 Act extended (E.W.)(30.9.1998) by 1998 c. 37, s. 11(6); S.I. 1998/2327, art.2(1)(c) (subject to arts. 5-8). Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 as amended (7.11.2003) by 2002 c. 38, ss. 145(1), 148 (with Sch. 4 paras. 6-8) C5 By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in 2 Children Act 1989 (c. 41) Part I – Introductory Document Generated: 2016-10-21 Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Children Act 1989. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts. C6 Power to modify Act conferred (12.12.1996 for certain purposes and 1.4.1997 otherwise) by 1995 c. 36, ss. 33(5)(b)(with ss. 90, 103(1)); S.I. 1996/3201, art. 3(1) C7 Act definition of "parental responsibility" extended (E.W.S.) with modification (7.10.1996) by S.I. 1996/207, reg. 57(3) Act definition of "Voluntary organisation" extended (7.10.1996) by S.I. 1996/207, reg. 78(9)(c) C8 Act applied (with modifications) (E.W.S) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16, Sch. 2 (as amended by S.I. 2010/2430, regs. 15, 17) C9 Act modified (26.4.2010) by The Isles of Scilly (Children Act 1989) Order 2010 (S.I. 2010/1116), art. 2 C10 Act applied (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 13(2)-(4) PART I INTRODUCTORY 1 Welfare of the child. (1) When a court determines any question with respect to— (a) the upbringing of a child; or (b) the administration of a child’s property or the application of any income arising from it, the child’s welfare shall be the court’s paramount consideration. (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. [F1(2A) A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare. (2B) In subsection (2A) “involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child's time.] (3) In the circumstances mentioned in subsection (4), 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); (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; Children Act 1989 (c. 41) 3 Part I – Introductory Document Generated: 2016-10-21 Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Children Act 1989. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (g) the range of powers available to the court under this Act in the proceedings in question. (4) The circumstances are that— (a) the court is considering whether to make, vary or discharge a section 8 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or (b) the court is considering whether to make, vary or discharge [F2a special guardianship order or] an order under Part IV. (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. [F3(6) In subsection (2A) “parent” means parent of the child concerned; and, for the purposes of that subsection, a parent of the child concerned— (a) is within this paragraph if that parent can be involved in the child's life in a way that does not put the child at risk of suffering harm; and (b) is to be treated as being within paragraph (a) unless there is some evidence before the court in the particular proceedings to suggest that involvement of that parent in the child's life would put the child at risk of suffering harm whatever the form of the involvement. (7) The circumstances referred to are that the court is considering whether to make an order under section 4(1)(c) or (2A) or 4ZA(1)(c) or (5) (parental responsibility of parent other than mother).] Annotations: Amendments (Textual) F1 S. 1(2A)(2B) inserted (22.10.2014) by Children and Families Act 2014 (c. 6), ss. 11(2), 139(6); S.I. 2014/2749, art. 3 (with art. 4) F2 Words in s. 1(4)(b) inserted (30.12.2005) by 2002 c. 38, ss. 115(3), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k) F3 S. 1(6)(7) inserted (22.10.2014) by Children and Families Act 2014 (c. 6), ss. 11(3), 139(6); S.I. 2014/2749, art. 3 (with art. 4) Modifications etc. (not altering text) C11 S. 1(2)(3)(a)-(f) applied with modifications (14. 10. 1991) by S.I. 1991/1395, r. 11(1) (as amended (8.12.2008) by The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2008, (S.I. 2008/2858), {rule 7}) Commencement Information I1 S. 1 wholly in force at 14.10.1991 see s. 108(2(3) and S.I. 1991/828, art. 3(2) 2 Parental responsibility for children. (1) Where a child’s father and mother were married to each other at the time of his birth, they shall each have parental responsibility for the child. [F4(1A) Where a child— 4 Children Act 1989 (c. 41) Part I – Introductory Document Generated: 2016-10-21 Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Children Act 1989. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (a) has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008; or (b) has a parent by virtue of section 43 of that Act and is a person to whom section 1(3) of the Family Law Reform Act 1987 applies, the child's mother and the other parent shall each have parental responsibility for the child.