Adjournments: Asking for, Opposing and Surviving a Postponed Hearing

REVIEWED BY: Sean McNamara on 2026-09-01

# Adjournments: Asking for, Opposing and Surviving a Postponed Hearing

A hearing that cannot be reached on the day — because a party is ill, a witness is missing, or a statement has not been filed — can be adjourned to another date. This guide explains how to ask for an adjournment in family proceedings, how to oppose one, and how to manage the delay.

What an adjournment is

An adjournment postpones a hearing to a later date (or sometimes indefinitely, to await another event such as a report or a criminal trial outcome). The court controls its own timetable under the Family Procedure Rules 2010, guided by the overriding objective of dealing with cases justly and proportionately — which includes avoiding unnecessary delay.

When the court will grant an adjournment

There is no automatic right. The court balances:

  • Whether there is a good reason — serious illness, a genuine emergency, a witness unavailable through no fault of the applicant, late-arriving key evidence
  • Whether the applicant is at fault for the situation (poor preparation rarely earns an adjournment)
  • The consequences for the child of delay, especially in children proceedings
  • The effect on the other parties and on court resources

Late applications are viewed less favourably, but a genuine emergency on the day can still succeed. Applications are usually made to the judge at the start of the hearing or, where known in advance, in advance in writing to the court and the other parties.

How to apply

1. In advance: write to the court (and copy the other parties) explaining why the hearing cannot proceed, what you propose instead, and available dates. Include evidence, such as a doctor's letter. 2. On the day: attend the hearing if you possibly can and ask the judge directly. Do not assume non-attendance will be accepted — the hearing may proceed in your absence. 3. Formally: some requests are made via an application notice (Form C2) where the rules require it.

Opposing an adjournment

If the other side seeks an adjournment that you think is tactical or unnecessary, say so clearly and politely to the judge: point out the stage the case has reached, the delay already suffered, the impact on the child, and any evidence of fault. The court can also make costs orders in some circumstances where an adjournment is caused by a party's poor conduct, and can adjourn "generally with permission to restore" to stop a case drifting.

Surviving the delay

  • Ask the judge to fix a timetable at the adjournment: dates for filing evidence and a firm new hearing date.
  • Comply with any directions made at the same time — missing those will make the next hearing harder.
  • Use the extra time to gather the evidence the court identified as missing.
  • Keep contact arrangements working in the meantime if the case is about children; an adjournment usually freezes the status quo rather than changing it.
  • If arrangements are being breached while you wait, ask about enforcement or interim options rather than waiting passively.

Interim arrangements

Where a live dispute needs managing, the court can make interim orders or temporary directions at the point of adjourning — for example, interim contact schedules — so that the child's arrangements do not stall during the delay.

Useful links

  • Family Procedure Rules 2010 (legislation.gov.uk): https://www.legislation.gov.uk/uksi/2010/2955
  • GOV.UK — family court forms and guidance: https://www.gov.uk/looking-after-children-divorce
  • HM Courts & Tribunals Service: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service
  • Children Act 1989: https://www.legislation.gov.uk/ukpga/1989/41

Not legal advice

This is an independent information site, not a law firm. We accept no referral fees and nothing on this page is legal advice. If a hearing date matters to you, check the specific court's practice directions and consider advice from a regulated family lawyer.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.

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