Q&As

Can a private children application under section 8 of the Children Act 1989 be withdrawn? What is the procedure to do so, and the approach of the courts to such an application?

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Last updated on 28/06/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Can a private children application under section 8 of the Children Act 1989 be withdrawn? What is the procedure to do so, and the approach of the courts to such an application?

Can a private children application under section 8 of the Children Act 1989 be withdrawn? What is the procedure to do so, and the approach of the courts to such an application?

Family proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The rules in respect of private law proceedings relating to children are largely contained in FPR 2010, SI 2010/2955, Pt 12 and the accompanying FPR 2010, PD 12B, the Child Arrangements Programme.

An application that relates to the welfare or upbringing of a child (such as an application under section 8 of the Children Act 1989 (ChA 1989) for a child arrangements order), may only be withdrawn with the permission of the court (FPR 2010, SI 2010/2955, 29.4).

A person seeking permission to withdraw an application must file a written request for permission setting out the reasons for the request. The written request should clearly set out the reasons for the

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Key definition:
Family Procedure Rules definition
What does Family Procedure Rules mean?

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 implemented on 6 April 2011 was the largest wholesale reform of family procedure since the introduction of the Family Proceedings Rules 1991 (FPR 1991) and are made up of 40 parts.

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