It is your right to change your mind. 

It is your right to change direction.

It is your right to be amicable.

It is your right to even reconcile. 

This Help Guide will give you details on how to withdraw from or stop child proceedings so you can follow another path or temporarily halt proceedings so peaceful discussions can take place.

Please remember if you do withdraw from or halt child proceedings please keep all your court paperwork, applications and court orders. You can store them in a box in the garage or elsewhere. Please do not throw them out. The reason for this is in case, for whatever reason, you need to inform the court about any previous proceedings you were involved in. 

This Help Guide will give you information about the following – 

• How to withdraw (stop) your child proceedings
• How to halt (stay) your child proceedings
• How to withdraw (stop) an application submitted to the court or ask for a halt (stay) in child proceedings.

For information about how to withdraw (stop) or halt (stay) an appeal or your proceedings during an appeal please click the link below. 

LINK TO OUR L.I.P HELP GUIDE FOR HOW TO APPEAL A FAMILY COURT DECISION

HOW TO WITHDRAW (STOP) YOUR CHILD ARRANGEMENT PROCEEDINGS

If you submitted a form C100 to the court to start child arrangements proceedings then only you (the applicant) can stop these proceedings. You will need to complete form C2 and attach a witness statement asking for a dismissal of proceedings and detailing the reasons why, what has happened and what you intend to do. You must send your form C2 to your local court where your child arrangements proceedings are being held. You must also send (serve) a copy to your ex-partner so they are aware you have asked for a dismissal.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C2

LINK TO OUR L.I.P HELP GUIDE FOR YOUR WITNESS STATEMENT EXPLAINED

The court may ask you and your ex-partner to attend a hearing so they can be sure that dismissal is the right way forward especially if there is an objection from your ex-partner. If Cafcass is involved in your proceedings then they will need to be informed and they may want to have a say.

HOW TO HALT (STAY) YOUR CHILD ARRANGEMENT PROCEEDINGS

Either partner can complete form C2 and send it to the court handling your child arrangements case and request a stay. You must include a witness statement detailing the reasons why, what you would like and when would you like the proceedings to resume. You must also send (serve) a copy of your form C2 and your witness statement to your ex-partner so they are aware you have applied for a stay. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM C2

LINK TO OUR L.I.P HELP GUIDE FOR YOUR WITNESS STATEMENT EXPLAINED

The court may ask you and your ex-partner to attend a hearing so they can be sure that a stay is the right way forward especially if there is an objection from your ex-partner. If Cafcass is involved in your proceedings then they will need to be informed and they may want to have a say.

HOW TO WITHDRAW (STOP) AN APPLICATION SUBMITTED TO THE COURT OR ASK FOR A HALT (STAY) IN CHILD PROCEEDINGS.

If you would like to withdraw an application you have made to the court in your child proceedings or ask for a stay then you must use form C2 and attach a witness statement.

LINK TO OUR L.I.P HELP GUIDE FOR FORM C2

LINK TO OUR L.I.P HELP GUIDE FOR YOUR WITNESS STATEMENT EXPLAINED

Please send your form and witness statement asking for a dismissal of your application or a stay to the local family court where your child proceedings case is being dealt with. Your witness statement must state the reasons why you are asking for a dismissal or the reasons why, what has happened and when you would like the application to be dealt with if you are asking for a stay. You must send (serve) a copy of your application form and witness statement to your ex-partner so they are informed.

The court may ask you and your ex-partner to attend a hearing to discuss the application for dismissal or a stay.