Glossary entry

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
29 viewers *
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.
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.

Peer comment(s):

agree Andrew Bramhall : That's the idea!
5 hrs
neutral François Tardif : ¿Este es el término exacto español o una explicación del concepto?
20 hrs
Hola François. No hay un "término exacto". El "principio de intervención mínima" procede en realidad del derecho penal y se encuentra también en el derecho administrativo, pero en este caso me parece razonable su uso para describir este tipo de situación.
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4 KudoZ points awarded for this answer. Comment: "Thank you!!"
8 hrs

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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