No Order Principle

The Children Act is designed to deal with genuine disputes. This means that unless there is a dispute about the children you should not apply.

For example, if you and your partner separate and you know your partner does not oppose the children living with you then you need not apply for a Residence Order.

However, sometimes if there is not a dispute now, but there has been a dispute in the past then it is possible to argue that an order should be made to provide “certainty” for the children.

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