What is the Welfare of the Child Principle?
Section 3 CCGM Act stipulates that the court will have regard for the best interest of the child in making decisions under the act. In Walker v Walker and Harrison (1981) NZLR 257, Hardy Boy J said that ‘welfare’ is an all-encompassing word, which includes material welfare both in the sense of adequacy of resources to provide a pleasant home and comfortable standard of living and in the sense of adequacy of care to ensure that good health and due personal pride are maintained. He further stated while material considerations have their place, they are secondary matters. More important are the stability and security, the loving and understanding care and guidance, and the warm and compassionate relationships that are essential to the full development of the child’s character, personality and talents.
Further, Lindley LJ in Re McGrath [1893] 1 Ch 143 at 148 said that the welfare of the child is not to be measured in money only, nor by physical comfort only. The word welfare must be taken in its broadest sense. The moral and religious welfare of a child must be considered as well as its physical well-being. Nor can the ties of affection be disregarded.
Therefore, the Court’s decision must be in the best interest of the child, and each case will depend on the facts presented to the Court.
