Glossary entry (derived from question below)
English term or phrase:
No Order Principle
Spanish translation:
Principio de intervención mínima
Added to glossary by
Toni Castano
Oct 22, 2021 07:04
2 yrs ago
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English term
No Order Principle
English to Spanish
Other
Law (general)
Range of powers available to the Court
No Order Principle: The Court has a duty to consider the No Order Principle. In this case the Local Authority is of the view that an Order is necessary to xxx due to the history of concerns which is set out in sections 3-5 above.
No Order Principle: The Court has a duty to consider the No Order Principle. In this case the Local Authority is of the view that an Order is necessary to xxx due to the history of concerns which is set out in sections 3-5 above.
Proposed translations
(Spanish)
4 +1 | Principio de intervención mínima | Toni Castano |
4 | Facultad discrecional del juez | Daniel Alfonso Medina Gutiérrez |
Change log
Oct 25, 2021 06:21: Toni Castano Created KOG entry
Proposed translations
+1
20 mins
Selected
Principio de intervención mínima
Which means that the Court just tries to refrain from intervening in children´s matters whenever possible permitting the parents to reach their own agreement. The Court´s intervention is restricted to the minimum possible (= principio de intervención minima). Explanation below:
www.cilexlawschool.ac.uk/wp-content/uploads/2018/10/UQ18-Th...
The no order principle
Under s1(5) CA 1989, a court should not make an order in children proceedings unless doing so would be better for the child than making no order at all. The court’s starting point is, therefore, to be non-interventionist wherever possible. This is because arrangements in relation to children tend to work best where the parties have reached their own agreement rather than having arrangements imposed on them by the court. No order should be made in response to any application under CA 1989 unless making the order is better for the child than not making it.
This does not mean that there is a presumption in favour of making no order. In Re G (Children) [2006] the Court of Appeal held that s1(5) creates no presumption either for or against making an order. The section merely demands of the court that it asks itself the question whether to make an order would be better for a child than making no order at all. In that case, the judge felt it provided security for the mother to have an order recording where the child should live in case the father removed the child.
www.cilexlawschool.ac.uk/wp-content/uploads/2018/10/UQ18-Th...
The no order principle
Under s1(5) CA 1989, a court should not make an order in children proceedings unless doing so would be better for the child than making no order at all. The court’s starting point is, therefore, to be non-interventionist wherever possible. This is because arrangements in relation to children tend to work best where the parties have reached their own agreement rather than having arrangements imposed on them by the court. No order should be made in response to any application under CA 1989 unless making the order is better for the child than not making it.
This does not mean that there is a presumption in favour of making no order. In Re G (Children) [2006] the Court of Appeal held that s1(5) creates no presumption either for or against making an order. The section merely demands of the court that it asks itself the question whether to make an order would be better for a child than making no order at all. In that case, the judge felt it provided security for the mother to have an order recording where the child should live in case the father removed the child.
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Facultad discrecional del juez
I live and studied Law in Mexico. This "discretionary" powers that the judge have refers to the ability of the judge to interviene or not issuing orders and resolutions that in family affairs will result in more conflict and possible social problems with the child/children. This principle in mexican law is not expressed textually in the law but it is applicable in the practice. This translation is only thought to be correct if the target variation is Mexican legal spanish
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