as a matter of public policy, the courts have always operated under the doctrine of "parens patriae" to make the best interests of any children their first and paramount concern. from time to time, this doctrine has been included in statutes, the most recent relevant version being section 1 of the children act 1989 which requires the court to consider the "welfare checklist". before making a section 8 order (i.e. a residence order) the court must consider: