The Family Procedure Rules 2010

Withdrawal of applications in proceedingsE+W

This section has no associated Explanatory Memorandum

29.4.—(1) This rule applies to applications in proceedings—

(a)under Part 7;

(b)under Parts 10 to 14 or under any other Part where the application relates to the welfare or upbringing of a child or;

(c)where either of the parties is a protected party.

(2) Where this rule applies, an application may only be withdrawn with the permission of the court.

(3) Subject to paragraph (4), a person seeking permission to withdraw an application must file a written request for permission setting out the reasons for the request.

(4) The request under paragraph (3) may be made orally to the court if the parties are present.

(5) A court officer will notify the other parties of a written request.

(6) The court may deal with a written request under paragraph (3) without a hearing if the other parties, and any other persons directed by the court, have had an opportunity to make written representations to the court about the request.