What does ‘no order’ mean in Family Court?
The no order principle is a rule that the family court must follow whenever it considers making an order about a child. It will not make one unless it decides that doing so is better for the child than making no order at all. Understanding it explains why some cases end without a formal order, and why the court sometimes makes one even when parents have agreed matters between themselves.
Where does it come from?
Section 1(5) of the Children Act 1989 says the court must not make an order under the Act unless it considers that doing so would be better for the child than making no order at all. It is one of the welfare principles that runs alongside the paramountcy of the child’s welfare and the principle that delay is generally prejudicial to a child.
What is it meant to do?
The rule is meant to discourage unnecessary orders. Courts are not there to formalise every family arrangement, and the underlying idea is that the court should not intervene in how parents exercise parental responsibility unless it is necessary. Choosing to make no order is treated as a positive decision on welfare grounds, not a default or an oversight.
Does it mean the court leans against making an order?
No. The courts have been clear that the principle creates no presumption either way. It simply requires the court to ask the question: would an order be better for this child than no order? Sometimes the answer favours an order, even where parents already agree.
When might the court still make an order despite an agreement?
Courts have made orders even where parents agreed arrangements, for example to give a child and the parents the security of a clear, enforceable arrangement, particularly where there has been a history of conflict or where an agreement might otherwise be unpicked. The question is always whether an order helps the child, not simply whether the parents want one.
What does this mean in practice for a father?
If you and the other parent can reach a workable agreement, you may not need to ask the court for an order at all, and many separated parents manage arrangements this way. Where there is a pattern of arrangements breaking down or being changed unilaterally, explain that clearly to the court and the reasons an order would help, since that is the kind of history that can tip the answer towards making one. Our first hearing guide covers what the court considers when arrangements are contested.
Related guides
- What happens at the first hearing (FHDRA)?
- Family court glossary: plain-English terms for fathers
- What is a position statement, and what goes in it?
- Free checklist: your first 30 days in Family Court
- When You Can’t See Your Child: the book
Sources
- Children Act 1989, section 1(5) (legislation.gov.uk)
- LexisNexis, The no order principle: scope, application and case law in private children proceedings (practice note)
- Re S (A Minor) (Contact: Grandparents), summarised in secondary sources; not independently verified from the judgment
Sources checked 22 September 2026. Procedure changes, so check that each source is current before relying on it.
This guide gives general information about the standard process in England and Wales. It is not legal advice, and procedure changes. Some court areas use a different process, the Child Focused Model, so check your notice of hearing. Full disclaimer