The wording of s1 of The Children Act 1989 did not create any presumption one way or another as to whether an order should be made or not. The court was required in each case to consider whether or not it was better for the child for there to be an order, as opposed to no order at all. In this case the simple fact that an agreement had been reached between the parties after issue did not mean that no order was necessary; it was not a case where there had been no disagreement at all and where the proceedings had been issued simply to get an imprimatur from the courts. The residence order should have been made as requested. Court: Court Of Appeal (England and Wales)
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RE G (Children) CA, 27/7/2005
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