In family law, the well-being of a child is always the court’s paramount concern and is also top of the agenda in mediation. However, when it comes to making decisions about a child’s upbringing, the court often starts with a fundamental principle known as the no order principle. This principle, enshrined in the Children Act 1989, emphasises that the court should not issue an order concerning a child unless it is necessary and beneficial to do so.
What is the No Order Principle?
The no order principle is a legal doctrine that guides the court to refrain from making any orders regarding a child’s upbringing unless it is sure that doing so is in the child’s best interests. The principle is rooted in the belief that unnecessary legal intervention can sometimes do more harm than good and that parents are usually best positioned to make decisions about their child’s welfare without external interference.
Essentially, the court is required to ask itself: “Is it better for the child if an order is made, or is the child’s welfare adequately protected without one?” If the answer is that no order is necessary, the court will refrain from issuing one.
Why Does the No Order Principle Matter?
The no order principle is significant because it respects the autonomy of families and acknowledges that parents are generally capable of making decisions that are in the best interests of their children. It is based on the understanding that every family is different and that imposing a legal order might not always be the best way to address the unique circumstances of a particular family.
This principle also serves to minimise the potential for conflict between parents. When the court issues an order, it can sometimes exacerbate tensions leading to prolonged disputes that are ultimately detrimental to the child. By encouraging parents to reach agreements independently or through mediation, the no order principle helps to reduce the emotional and psychological stress on the child.
At Hampshire Mediation we work with parents every day to come to an agreement over the arrangements for their children, making an application to the court unnecessary.
Exceptions to the No Order Principle
While the no order principle is a guiding rule, there are important exceptions. If there is evidence that a child is at risk of harm, neglect or abuse, the court will not hesitate to issue an order to protect the child’s welfare. Additionally, if parents are unable to agree on key aspects of the child’s upbringing, the court may intervene to resolve the dispute.
Conclusion
The no order principle is a cornerstone of UK family law, emphasising that the court should only intervene in a child’s life when absolutely necessary. By prioritising minimal legal intervention, this principle encourages parents to take responsibility for their children’s well-being and helps to foster a more cooperative approach to family disputes. Ultimately, it ensures that any decision made by the court is truly in the best interests of the child, preserving the integrity of family life while safeguarding the child’s welfare.
