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Withdrawing a child arrangement order

4 replies

Dedodedo · 05/07/2023 15:44

Hi, a application was made c100 as threats were made in a silly argument about stopping contact with the children, so the application was made, the contact was not stopped so it was just a threat and when calmed down was more rational. Both parents spoke and are in agreement with the arrangements for each parent to see the children, so another application was made on a c2 to withdraw the c100, because they are starting to work together again and are in agreement on what is best for the children and don't want to unnecessarily go through the courts, this all happened within about a weeks time frame. Have heard nothing from courts wether the withdrawal is granted or not, but had welcome email from cafcass and to set up egress to be able to communicate with them so I think the withdrawal is not accepted can we be forced to now go through courts even though both parents do not want to and would prefer to have the informal arrangement. The father wants to just ignore all communication with cafcass and if a date is set for a hearing to Just not go, I am not in agreement with this as I am scared will get into trouble or will be seen as not caring about the kids etc but at the same time would prefer to carry on the informal arrangement, I do not know what to do next, what would actually happen if both parties did not engage in the court process

OP posts:
Familycourtdrama · 06/07/2023 12:02

Have you instructed a Solicitor? I believe you need the Court's permission to withdraw the application now.

What is the procedure to withdraw an application made on Form C100? Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.4 provides that any application that relates to the welfare or upbringing of a child or where either of the parties is a protected party may only be withdrawn with the permission of the court.

But I am not a solicitor so I may be wrong... it's either that or you write directly to the Court to advise.

Again - not a legal professional so only giving you general advice.

Xenalisa · 15/11/2023 17:01

Hello did you manage to get out of the court process? I am currently in your situation well kind off. I want to be out and move forward with my life. Dad hasn't had contact for a long time and needs massive changes to be allowed. Iv written a email explaining my reasons why I want to withdraw, and I am willing to work with "dad" when he's made these changes and is safe to do so. Th process itself is more traumatic than I thought. Hope your issue got resolved.

C3kt · 19/05/2024 19:45

Did you manage to withdraw? If so how long did it take and did they make you attend first hearing still?

Xenalisa · 21/05/2024 00:46

No I didn't. But thank fully ended in my favour and hes now got a no contact order or no indirect either. Mine was a total of 4 hearings over 1.5 years. Very strung out process which isnt very good on victims mental health which should be also took into consideration. It's a horrible process but worth it for safety of your child.

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