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30. My Lords, the young children Act 1989 brought together the federal government’s proposals in terms of son or daughter care legislation

In addition to Law Commission’s tips with regards to the law that is private. In its Working Paper No 96, post on Child Law: Custody (1986), at para 6.22, having talked about whether there must be some kind of presumption in preference of normal moms and dads, the Commission stated this:

« We conclude, consequently, that the welfare of every youngster when you look at the family members should keep on being the paramount consideration whenever their custody or upbringing is with in concern between personal people. The welfare test it self is well in a position to encompass any contribution that is special normal parents could make to your psychological needs of the kid, in particular to their feeling of identification and self-esteem, along with the added commitment which understanding of their parenthood may bring. We now have already stated that the indications are that the concern provided to the welfare regarding the kid has to be strengthened instead than undermined. We’re able to maybe not consider making any suggestion that might have the result of weakening the security fond of kids beneath the current law. « 

Nor should we. The statutory position is ordinary: the welfare regarding the youngster may be the consideration that is paramount.

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