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Family law guide
Part of: Family Law Specialists
Can you stop family court proceedings once they have started? Usually yes, but not simply by walking away. For children cases, applications for protection from abuse and a divorce your spouse has already received, the Family Procedure Rules say you may only withdraw your application with the court’s permission. You ask in writing and give your reasons, and the court tells the other side. This guide explains how to withdraw a family court application in each kind of case, what happens if the other person wants to carry on, and the alternatives to withdrawing. It covers the law in England and Wales.
Not sure which route is yours? Answer three questions or book a free initial consultation.
Yes, in most cases, by asking the court for permission to withdraw your application. Rule 29.4 of the Family Procedure Rules applies to divorce, dissolution and judicial separation cases, to applications for non-molestation and occupation orders, to children cases, and to any other application that relates to a child’s welfare or upbringing. It also applies to any case where one of the parties lacks capacity and is a “protected party”. Where the rule applies, the application “may only be withdrawn with the permission of the court”.
People want to stop a case for many reasons. You may have reached an agreement, got back together, or moved on. You may also simply feel the case is costing more, in money or in stress, than it is worth. Those are all reasons you can give. What you cannot do is treat an issued application as if it no longer exists. Until the court gives permission, the case stays open and any hearing date still stands.
The route depends on what kind of case it is and how far it has gone. The table sums it up; the sections below explain each one.
| Kind of case | Can you just withdraw it? | Rule |
|---|---|---|
| Children (for example a child arrangements, prohibited steps or specific issue order) | No. You need the court’s permission. | FPR r.29.4 |
| Non-molestation or occupation order application | No. You need the court’s permission. | FPR r.29.4 |
| Divorce, dissolution or judicial separation, before the other party is served | Yes, by notice in writing to the court. | FPR r.7.6 |
| Divorce, dissolution or judicial separation, after service | No. You need the court’s permission. | FPR r.29.4 |
| Financial order application | Not on the r.29.4 list, unless it concerns a child’s welfare or a party is a protected party. Costs rules still apply. | FPR r.28.3 |
A C100 application starts a children case, so withdrawing it needs the court’s permission. Follow these steps.
An application for a non-molestation order or an occupation order comes under the Family Law Act 1996, and r.29.4 covers it, so you need the court’s permission to withdraw it. Once the court has made an order, withdrawing the application is no longer the question. The court can vary or discharge an order on an application by the respondent or by the person who applied for it (Family Law Act 1996, s.49(1)).
If you are thinking of stopping because the other person has asked you to, tell the court that. It is exactly the kind of information the judge needs.
Timing decides this one. One spouse can withdraw their divorce application at any time before service on the other spouse, by giving notice in writing to the court (FPR r.7.6). The rules call this withdrawal before service. After service, r.29.4 applies and you need the court’s permission.
After a conditional order, stopping works differently. The marriage only ends when the court makes a final order, and GOV.UK explains that if a sole applicant does not apply for it, the other spouse can, after waiting an extra three months on top of the standard 43 days. So if you applied alone and now want to stay married, not applying for the final order may not be enough on its own.
If you applied jointly, either of you can apply for the final order alone, after giving the other 14 days’ notice (FPR r.7.19(2)). Once the final order is made, you are divorced and there is nothing left to withdraw. Our no-fault divorce guide covers each stage. If it is your spouse who wants to stop the divorce, see how long a spouse can drag out a divorce.
Financial order proceedings are not on the r.29.4 list, unless the application relates to a child’s welfare or one of you is a protected party. Even so, stopping one needs care. The general rule is that neither party pays the other’s costs, but the court can order costs because of a party’s conduct, including the way they pursued or responded to the application (FPR r.28.3). If you have reached agreement, a financial consent order can record it, rather than letting the case just stop.
The court will tell them about your request, and they can explain why the judge should refuse it. The judge then decides whether you can stop family court proceedings you started. In a children case, the court still has the child in view. It must not make any order unless doing so would be better for the child than making no order at all (Children Act 1989, s.1(5)).
Remember too that your application is only yours. A parent is entitled to apply for a child arrangements order themselves (s.10(4)). So if the other parent wants the court to decide where the children live or how often they see them, withdrawing your case does not prevent them starting their own. In a divorce, the rules also let the other spouse apply for a conditional order to be made final (FPR r.7.20(2)(c)).
Possibly. The family court “may at any time make such order as to costs as it thinks just” (FPR r.28.1). In financial cases, r.28.3 sets the general rule of no order as to costs. However, when it decides whether to order costs because of conduct, the court must consider matters such as failing without good reason to attend a MIAM, any open offer to settle, and whether it was reasonable to raise or pursue a particular issue. If you want to stop family court proceedings in a financial case, ask for advice on the costs position before you send the request, not after.
Yes. When it disposes of any application under the Children Act, the court may order that a named person cannot make a specified kind of application about the child without the court’s permission (Children Act 1989, s.91(14)). This matters from both sides. If you are the one facing application after application, it may be the protection you need. If you withdraw and then apply again soon afterwards, expect the court to look at the history. Our barring order guide explains how these orders work.
From our casework: we advised a parent after a long run of applications about the same child, each one reopening arrangements already decided, on whether a proportionate section 91(14) order should be considered.
Answer three questions to see how you can stop family court proceedings in your kind of case.
Answer all three to see your route. It will usually be one of these:
That is risky. Until the court gives permission to withdraw, the application is still live and the hearing dates still stand. If the other side attends and you do not, the court may refuse your application or, if it already has enough evidence, carry on without you (FPR r.27.4(4)). Asking properly, in writing, keeps the decision in your hands.
The rule asks for a written request for permission that sets out your reasons (FPR r.29.4(3)). Form C2 is the GOV.UK form for asking for directions in existing children proceedings, so ask the court office whether it wants your request on a C2 or in a letter. If you are both at a hearing, you can ask the judge out loud.
Yes, with the court’s permission, because r.29.4 covers applications under the Family Law Act 1996. If an order has already been made, you would instead ask the court to vary or discharge it (s.49(1)). If someone is pressuring you to drop it, tell the court.
Only with the court’s permission. Before service, a written notice to the court is enough (FPR r.7.6). After service, r.29.4 applies to all divorce, dissolution and judicial separation applications, so you ask for permission in writing and give your reasons.
Withdrawing does not by itself prevent a fresh application. But when the court disposes of an application under the Children Act, it can order that a named person needs its permission before applying again (s.91(14)). Repeated applications followed by withdrawals are the kind of history the court looks at.
Your application cannot continue without you once the court has given permission to withdraw it. But a parent is entitled to make their own application for a child arrangements order (Children Act 1989, s.10(4)), and they can tell the court why your request should be refused.
Whether you want to stop family court proceedings yourself or the other side has asked to, what goes in the request, and when it is sent, can shape what happens next, including whether costs are asked for or the other side starts their own case. A free initial consultation gives you initial advice on your situation from a family law specialist. It does not include drafting or reviewing documents.
Book a free initial consultation or call 0330 094 5880
You can also read our guides to your first family court hearing, the litigant in person guide and the C100 form.
General information about the law in England and Wales, not advice on your circumstances.
Write your request as if the judge knows nothing about what has happened since you applied, because often they do not. One short paragraph on what has changed, one on what the arrangements are now, and one on whether the other person agrees will usually say enough. If the honest reason is that you feel worn down or pressured, say so plainly. It is far better for the judge to hear that now than to find out after the case has closed.
Hannah Overton, Complex Children Specialist & Client Support
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