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Magistrates' Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996

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Withdrawal of application

6.—(1) An application may be withdrawn only with leave of the court.

(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 in Form C2 setting out the reasons for the request.

(3) The request under paragraph (2) may be made orally to the court if the parties and, if appointed, the guardian ad litem or the welfare officer are present.

(4) Upon receipt of a written request under paragraph (2), the court shall—


(i)the parties consent in writing,

(ii)any guardian ad litem has had an opportunity to make representations, and

(iii)the court thinks fit,

grant the request; in which case the clerk of petty sessions shall notify the parties, and any guardian ad litem or welfare officer; or

(b)the court shall fix a date for the hearing of the request and the clerk of petty sessions shall give at least 7 days' notice to the parties, and any guardian ad litem or the welfare officer of the date so fixed.

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