Section 3Part 1 — Introductory
Welfare of the child
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3. (1) Where a court determines any question with respect to —
the upbringing of a child; or
the administration of a child’s property or the application of any income from it, the child’s welfare shall be the court’s paramount consideration.
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. Section 4 Children Law Page 14 Revised as at 31st day of July, 2012 c
In the circumstances mentioned in subsection (4) a court shall have regard in particular to —
the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
his physical, educational and emotional needs;
the likely effect on him of any change in his circumstances;
his age, sex, religious persuasion, background and any characteristic of his which the court considers relevant;
any harm which he has suffered or is at risk of suffering;
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; and
the range of powers available to the court under this Law in the proceedings in question.
The circumstances are that —
the court is considering whether to make, vary or discharge a section 10 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or
the court is considering whether to make, vary or discharge an order under Part IV.
Where a court is considering whether or not to make one or more orders under this Law 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.