ABSTRACT
In England and Wales, s. 1(1)(a) of the Children Act 1989 provides that, when a court determines any question with respect to the upbringing of a child, ‘the child’s welfare shall be the court’s paramount consideration’. Furthermore, when a court is considering making an order in child protection proceedings, it shall not do so ‘unless it considers that doing so would be better for the child than making no order at all’ (s. 1(5)). This has been described as a ‘no non-beneficial order’ principle.
