No Order Principle in Children Proceedings

The Court can make different types of Orders in relation to a child for example:

A Child Arrangements Order

An Order determining who the child will live with and who the child will spend time with and how often and the type of Order which should underpin the arrangements.

A Specific Issue Order

An Order determining a particular question in relation to an aspect of Parental Responsibility.

A Prohibited Steps Order

An Order preventing a party from exercising their Parental Responsibility.

What is the No Order Principle?

If an Application to the Court is made in respect of a child the Court must follow the principles set out in the Children Act 1989. One of those principles is the No Order Principle. The Court must be satisfied that making an Order is better for the child than making no Order at all. The Court will therefore not make an Order unless it is in the child’s best interests to do so. Arguments in favour of an Order being made include:

• You both feel an Order is necessary.
• You tried to reach an agreement direct but were not able to do so.
• You tried to reach an agreement through solicitors but were not able to do so.
• You tried to reach an agreement through mediation but were not able to do so.
• Despite lengthy and difficult negotiations there are still some outstanding issues which have not been agreed.
• You feel that if the child arrangements are not set out in an Order that the other party may not adhere fully to the agreement.
• An Order would give you security should there be any future difficulty in relation to child arrangements.
• An Order may help to promote the settlement of child arrangements.
• An Order would assist you both in managing child arrangements.

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Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.