One of the foundations in the UK family court is the ‘no order principle’ which aims to resolve family disputes with minimal court intervention. Under this principle, courts are required to avoid making orders about the arrangements for children unless it is necessary to do so in the best interests of the child or to resolve a dispute.
This approach promotes flexibility, encourages mediation, and places the welfare of children at the heart of decision-making processes. Understanding the no order principle is essential for anyone involved in family law proceedings so in this article we look at what it all means.
What is the No Order Principle?
The no order principle is enshrined in the Children Act 1989, which governs the welfare of children in the UK. Section 1 of the Act requires that, in cases involving children, the court must make decisions based on the child’s best interests. However, it also stipulates that the court should not make any order unless it considers that doing so would be better for the child than making no order at all.
In practical terms, the no order principle is designed to avoid unnecessary disruption or intervention in children’s lives, particularly where the parents or guardians are capable of resolving their disputes without the need for formal court orders.
Why Does the No Order Principle Matter?
Promotes Flexibility
By adopting the no order principle, the court encourages parents to resolve matters between themselves, with the support of mediation or negotiation if necessary. This reduces the contentious nature of family disputes and allows families to maintain control over their arrangements.
Minimises Court Intervention
Courts are not meant to intervene in every aspect of a child’s life. The no order principle ensures that decisions are made by those most involved in the child’s life—namely, the parents or carers—unless intervention is necessary for the child’s welfare.
Encourages Mediation
The no order principle reinforces the importance of alternative dispute resolution methods, such as mediation, before seeking court involvement. It’s mandatory to attempt a form of Non-Court Dispute Resolution before making a court application, unless you are exempt, and the court have been given more power to even pause proceedings whilst NCDR is attempted.
Protects the Child’s Best Interests
The primary consideration in any family law case is the child’s welfare. Courts adopt the no order principle to ensure that only necessary orders are made, preserving the stability and routine of the child’s life unless the situation demands action.
When Does the Court Make an Order Despite the No Order Principle?
The no order principle is not an absolute rule. There are circumstances where a court will make an order, even when it might not seem immediately necessary. These include:
- When the Child’s Welfare is at Risk
If there is evidence that a child is at risk of harm or significant harm, the court will step in and make orders to protect the child’s welfare. - Where Parents Cannot Agree
If parents are unable to agree on critical issues such as residence or contact the court may be required to make an order to resolve the dispute. - To Protect the Child’s Best Interests in Complex Cases
In some complex cases, such as those involving domestic violence, child protection concerns, or other significant risks to the child, the court may find it necessary to intervene to safeguard the child’s welfare. - When Mediation is Unsuccessful
If mediation or other NCDR processes are unsuccessful, the court may intervene to make an order that protects the child’s best interests.
Practical Examples of the No Order Principle
Parenting Arrangements: If two parents separate and agree on a parenting plan that works well for the child, the court don’t need to intervene or make an order, as the parents have already agreed on what is in the child’s best interests.
Contact and Residence: If parents agree on residence or contact arrangements without court involvement, the no order principle may be applied, meaning there is no need to formalise that agreement into a court order.
The principle should not be seen as discouraging parents from seeking help where necessary; instead, it encourages collaborative and constructive resolutions to family issues.
How Can We Help?
If you are dealing with family law issues, book an appointment with us today so we can help you navigate the complexities of the no order principle and find the best solution for your situation.
