{
  "url": "https://openlegislation.uk/family-proceedings-rules-1991/rule-4.5",
  "json_url": "https://openlegislation.uk/family-proceedings-rules-1991/rule-4.5.json",
  "legislation": "uksi/1991/1247",
  "legislation_title": "The Family Proceedings Rules 1991",
  "legislation_url": "https://openlegislation.uk/family-proceedings-rules-1991",
  "path": "rule/4.5",
  "kind": "rule",
  "number": "4.5",
  "heading": "Withdrawal of application",
  "text": "(1) An application may be withdrawn only with leave of the court.\n(2) Subject to paragraph (3), a person seeking leave to withdraw an application shall file and serve on the parties a written request for leave setting out the reasons for the request.\n(3) The request under paragraph (2) may be made orally to the court if the parties and either the guardian ad litem or the welfare officer are present.\n(4) Upon receipt of a written request under paragraph (2) the court shall–\n(a) if–\n(i) the parties consent in writing,\n(ii) the guardian ad litem has had an opportunity to make representations, and\n(iii) the court thinks fit,\ngrant the request, in which case the proper officer shall notify the parties, the guardian ad litem and the welfare officer of the granting of the request, or\n(b) direct that a date be fixed for the hearing of the request in which case the proper officer shall give at least 7 days' notice to the parties, the guardian ad litem and the welfare officer, of the date fixed.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "added",
      "affecting": "uksi/1993/295",
      "affecting_title": "The Family Proceedings (Amendment) Rules 1993"
    },
    {
      "type": "revoked",
      "affecting": "uksi/1999/3491",
      "affecting_title": "The Family Proceedings (Amendment No. 2) Rules 1999"
    },
    {
      "type": "am. (references to any of rules 2.52-2.70 shatl be read as references to those rules as they were before these rules came into force)",
      "affecting": "uksi/1999/3491",
      "affecting_title": "The Family Proceedings (Amendment No. 2) Rules 1999"
    },
    {
      "type": "added",
      "affecting": "uksi/1993/295",
      "affecting_title": "The Family Proceedings (Amendment) Rules 1993"
    },
    {
      "type": "added",
      "affecting": "uksi/1997/1056",
      "affecting_title": "The Family Proceedings (Amendment No. 2) Rules 1997"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2003/184",
      "affecting_title": "The Family Proceedings (Amendment) Rules 2003"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2005/2922",
      "affecting_title": "The Family Proceedings (Amendment) (No. 5) Rules 2005"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2005/2922",
      "affecting_title": "The Family Proceedings (Amendment) (No. 5) Rules 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/1247/rule/4.5",
    "retrieved_at": "2026-10-29T14:43:52.905656+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}