No Order Principle

No Order Principle

Section 1(5) of the Children Act 1989 states “a judge must not make an order concerning a child if they consider that to do so would be better for the child than to make no order”.

In simple terms the Court will not intervene and make an order in relation to proceedings involving a child unless it can be shown that it would be in the child`s best interests to do so.

The principle does not create a presumption one way or the other, but instead asks the court to consider whether there will be a benefit to the child if the order was made.

The intention of the principle is to avoid any unnecessary Orders being made to promote parental cooperation and agreement. 

How can Duncan Lewis Solicitors help you?

Duncan Lewis Solicitors can advise you in relation to Children Act Proceedings. Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law.  Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

How will the matter be funded?

Depending on the application, legal aid may be available and you can be assessed for this prior to the matter being taken on. Alternatively, a quote for a fixed fee or the hourly rates charged by your legal representative may also be provided. You will be advised of the funding arrangements prior to the proceedings commencing.

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.