Can a court case be retracted?

[Babygirlmum]

My baby dad has applied for court for a consistent order, he hasn't been consistent in her life but none the less that's not what I'm here for today, cut a very long story short DD is 15 months old and I am letting her stay over for the first time tonight as my dad has just passed and I needed the help for my dads funeral, can they retract the court application or cancel it in anyway, they have applied I'm going to say maybe over two weeks ago now, I am now willing to sort it out amongst ourselves, will I receive a court date through the post, I am in bereavement at the moment and I would not be able to attend court any time soon, am I supposed to let my ex and his family see DD while going through the court process?

Not sure I understand this. What would a 'consistent order' from a court do for you, DD and her Father?

If you didn't apply to the courts OP no you can't retract it. I would get this sorted whilst your baby is young because once your baby starts school things like school holidays will also need to be considered.

Is your ex responsible and trustworthy?

Do you mean a child arrangement order (sometimes referred to as a contact order ?)

Anyway the only person who can withdraw it is the person who applied. However it will do know harm to carry on and get a legal agreement. Before he goes to court he will be required to apply for mediation. This is when you sit with a trained legal third party and come to an amicable agreement. This is then rubber stamped by the court . I would advise that you do this and hammer out any likely contentious areas like birthdays, Christmas/significant religious holidays.. and holiday times/agreements to travelling abroad.

I would agree to this if I were you . It's good to have it all laid out and clear cut . Stops arguments further down the line.

@MIBnightmare good points. OP is this something your ex has just told you? Mediation is the first step and if you manage to both sort things out at mediation. No court hearing would take place anyway however if you can't your ex will be given a document called C100 in order to apply to the judge.

We didn't do mediation he did go through that process first and then we done it amongst ourselves however how he has applied for court already, I am not in a position to be able to go to court right now I am not good mentally with the loss of my dad over a week ago I am grieving, I have allowed DD to stay over with him and his family while I attend my dads funeral, can he cancel the order or will it automatically go ahead with say now that he's applied?

I think you need to Google how Court works OP. One of you would have to decline mediation so it would be you in this situation. The mediator is the person who gives you the C100 form to apply for Court. Nobody can just go straight to court without attempting or declining mediation first plus you need the C100 ( form to apply to the judge).

Are you sure your ex isn't just saying this?

For your ex to have actually applied to court you would of had to refuse mediation formally. There is no situation where ' he would go through that first' !

He has to contact a mediator and they will contact you and invite you to attend. If you refuse then his application to the court is signed off as 'mediation refused by respondent' .. and a court hearing is applied for.

No . Unlikely that it will be adjourned for bereavement unless the funeral is on the same day as the court hearing. (You need to provide evidence that it was booked before you had notification from the court)

It's really not that bad, Especially if you and he are in general agreement.

Is the application able to be cancelled through my ex if he wanted to cancel it, it just might work out better if we do it ourselves rather than get orders from a judge who doesn't know our child, it just doesn't sit well with me a stranger giving permission for my child to do this and do that, my ex would be happy with what we have now but he has already applied a few weeks ago, I don't know if it's able to be cancelled or not?

Surely it’s up to him to find out if it can be withdrawn and whether he wants to? Why are you the one pursuing this?

I'm sorry you've lost your Dad, you must be in bits

However, if I were you I'd carry on with going through the courts. The courts move very slowly, and your case is unlikely to be heard anytime soon. In a few months you'll feel much stronger, and able to attend.

If you want consistency and regularity in the contact schedule, I'd get the order in place asap. If you don't, he'll be able to mess you about down the line, and you'd only have to go back to court at that point (as I have found to my cost, in agreeing to arrange things informally initially with my ex, he now uses seeing the DC to control my free time).

Not going to court and finalising now would only be delaying the inevitable, given how you've described your ex.

I asked him to have DD so that I could go to my dads funeral and he said he couldn't as he was going on a lads holiday but i needed someone so his parents had DD he was there for a few hours and then left, I just don't like the thought of court, the money the time the stress in both sides really, however he has already applied but they are happy with seeing her now. I don't think they will cancel the process but I was just wondering is it possible to do so?