The no-order principle & when mediation really is the better path

REVIEWED BY: Sean McNamara on 2026-08-28

The principle the law gives you

Section 1(5) Children Act 1989 tells courts: "the court shall not make an order… unless it considers that doing so would be better for the child than making no order at all." Courts are legally encouraged to do nothing — if parents can genuinely agree, the order is unnecessary.

This is a gift, not a threat. It means your job isn't always "win the order" — it's often "build a workable agreement (or mediation outcome) so settled that no order is needed."

When no order genuinely serves the child

  • Parents communicate, co-parent functionally, and the arrangement is stable
  • The dispute was about clarity, not safety
  • A parenting plan (see our guide) covers the how — and both honour it

When you SHOULD get an order

  • Safety — any abuse/coercive control: an order (FL401 or child arrangements) matters
  • Unreliability — the other parent ignores agreements; you need enforceability
  • Long-distance / international — travel and relocation need orders
  • Financial stakes — contact/paternity tied to obligations
  • Either parent may sabotage — protect yourself

Mediation: the no-order route that works

Before court (MIAM) and during, mediation is the way most families avoid an order — it settles arrangements, produces a parenting plan, and (with money) feeds a consent order. See our mediation guide for costs (£500 voucher), the FMC register, and safety exclusions.

The honest calculus

  • Mediation/prop agreement vs contested order: most parents who try mediation resolve without any court order — and keep both relationships stronger
  • But safety and reliability always outrank the neatness of no-order. If the other parent won't keep agreements, an order is not bureaucratic — it's protection

Official links

  • Mediation: https://www.gov.uk/looking-after-children-divorce/mediation
  • https://www.gov.uk/looking-after-children-divorce

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.

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