It is possible to stop or pause family court proceedings in the UK, but whether you can do so will depend on the circumstances of the case and how far the process has progressed. If you initiated the family court proceedings, you may be able to withdraw the application. Alternatively, if you and the other party have reached an agreement, you can then submit a Consent Order to the court to have it made legally binding, and hence end the need for family court proceedings.
If you are in a situation where your ex-partner is making repeated applications to the family court as a form of harassment to cause you emotional harm, you may be able to stop any further court applications by applying for a Barring Order, Civil Restraint Order (CRO) or Vexatious Litigant Order (VLO).
Please note: this article is intended for informational purposes only and should not be considered legal advice. If you have any questions about family court proceedings, please contact our family law solicitors.
How to stop family court proceedings
There are several ways to stop family court proceedings depends on your circumstances, including:
- Family court proceeding application withdrawal
- Consent Orders based on mutual agreement
- Mediation or Alternative Dispute Resolution
- Temporary stays of proceedings
- Barring Orders
- Civil Restraint Order or Vexatious Litigant Order
Family court proceeding application withdrawal
If you originally submitted the family court proceeding application, you can apply to have it withdrawn. To do so, you will need to inform the court formally, either in writing or during a court hearing. The court will then consider the request. If the withdrawal is granted, it will bring the proceedings to an end, although in some cases, the court may still decide to make orders. This is especially likely if there are concerns about personal or child welfare. It is recommended to seek legal advice before withdrawing your application, as doing so may affect your ability to bring a similar application in the future.
Consent orders based on mutual agreement
A Consent Order is a legally binding document issued by the courts to formally set out the terms of the agreement reached between parties, commonly in divorce proceedings. If you are already going through family court proceedings, there is nothing to stop you and the other party from reaching an agreement between yourselves at any time and having a Consent Order drawn up by a solicitor and approved by the courts.
Consent Orders are most commonly used in the context of divorce financial settlements to set out how property, assets, pensions, and debts will be apportioned. To apply for a Consent Order, you will first need to reach a full agreement with the other party regarding the dispute and then have a Consent Order drawn up. If agreeing to a divorce settlement, you will also need to complete and submit a Form D81 (Statement of Information).
Once the documents have been completed, they should be signed and submitted to the Family Court, along with the required fee. The judge overseeing your matter will then review the Consent Order and agreement reached to ensure it is fair and, in the case of children, in their best interests. If issued, the Consent Order becomes legally binding.
Consent Orders can cover the division of property and assets, lump sum or spousal maintenance payments, pension sharing, and child maintenance (if not dealt with by the Child Maintenance Service), among other types of agreements. Another consideration is the duration of the order. The period that the Consent Order lasts will depend on the circumstances. For example, if the order approves a ‘clean break’, it will take effect immediately and permanently prevent future claims. Other matters, such as spousal maintenance, may have a fixed term or be subject to review.
Mediation or alternative dispute resolution
Alternative Dispute Resolution (ADR), also referred to as Non-Court Dispute Resolution (NCDR), covers any method of resolving a dispute outside of the court system. ADR methods include negotiation using solicitors, mediation, collaborative law, and arbitration.
Methods such as mediation can be highly effective in terms of resolving family matters and have the added advantages of speed, lower costs, and less stressful. Mediation is also known to help preserve the relationship between the parties, reducing stress and the negative impact on children.
In most cases, it is not possible to apply to the court regarding a family dispute without first trying mediation. You will need to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court in family disputes. During the MIAM, the mediator tries to determine if mediation is suitable as a means to resolve the dispute. If you can reach a resolution through mediation, it is important to have the agreement drawn up as a Consent Order and approved by a family court.
Temporary stays of proceedings
A ‘temporary stay of proceedings’ is a way of pausing family court proceedings but not ending them. You may want to stay the proceedings because you are trying mediation or another form of ADR, you and your ex-partner are working on an agreement, or if one of you is unable to participate in the process (e.g. due to illness), or if there are safeguarding concerns that require investigation by CAFCASS or an expert witness.
To request a temporary stay of proceedings, you will need to use Form C2 or tell the judge at your hearing. Having received the request, the court will decide whether the stay is appropriate based on the facts of the case. If approved, the stay will normally be time-limited. The case can then resume once the reason for the stay has been resolved.
Barring orders
A Barring Order issued under Section 91(14) of the Children’s Act 1989 stops any further child proceeding applications from being made without court approval. As such, you can use a Barring Order to stop someone such as your ex-partner from making repeated child-related applications to the court, which can be disruptive and emotionally harmful to the parties concerned. It is important to understand Barring Orders cannot stop existing child-related applications that are already underway.
How you apply for a Barring Order will depend on the circumstances. You may need to use Form C100 (for child arrangements) or Form C2 (for other orders within existing proceedings). You will also need to file a supporting statement explaining why the order is necessary to protect the child’s welfare. The individual the order would apply to must be informed of the application. On receipt of the application, the court will look at whether the order is needed and how long it should be granted for. Barring Order typically lasts for as long as necessary to protect the child’s welfare (typically until they reach the age of 16).
Civil Restraint Order or Vexatious Litigant Order
A Civil Restraint Order (CRO) can be issued by a judge to prevent a person from bringing repeated or meritless applications in civil or family proceedings. There are 3 types of CRO:
- A limited CRO can be used for the duration of a specific case
- An extended CRO can be used for up to 3 years for specific cases and
- A General CRO will be granted by a judge in the most extreme cases and applies for up to 3 years in all county courts and the High Court. It can also be renewed if necessary.
A Vexatious Litigant Order (VLO) can also be used where someone has persistently issued groundless proceedings. A vexatious litigant is someone who keeps taking legal action against others where there is no merit or they are barred from doing so. A VLO is different from a CRO and is used in much more serious cases, hence why it is only possible to get this type of order from the High Court.
