Taking a break / pausing proceedings — when a case needs to halt
REVIEWED BY: Sean McNamara on 2026-08-28
Cases can stall for reasons unconnected to the dispute
Sometimes the right move is not to press on but to pause — a party is gravely ill, mental health needs care, a parent is being assessed, children's services are investigating, or a custodial sentence/sentence is pending. The court has tools for this.
The tools
- Adjournment — moving the next hearing to a later date (short pause; needs the court to agree; judges grant proportionately, especially for illness/legal aid waiting)
- Stay of proceedings — a formal freeze of the case, usually with a review date (used when a prerequisite must happen first — e.g. a criminal trial, an assessment, another court's decision). Either party can apply (C2); the stay is usually time-limited and reviewed
- Withdrawal / non-pursuit — ending your own application; you can generally re-apply later for children matters (note fee implications; and financial claims risk time-barring if a divorce/decree date passes)
When a pause helps (or hurts)
| Situation | Best tool | |---|---| | Party seriously ill / in hospital | Adjournment or stay (re-ecertain reviews) | | Criminal trial pending about the same facts | Stay until the trial ends (fact-finding overlap) | | Care/criminal assessment underway | Stay with review date | | One party dragging feet | Resist a stay; keep the case moving for the child | | You need time to get legal aid/solicitor | Short adjournment; explain and evidence |
The catch for children cases
Delay is frowned on — the welfare principle and (in care) the 26-week timetable work against long pauses. The court will ask: is the pause genuinely in the child's interest, or is one party banking on time? Keep any stay short, justified, and evidenced; a stayed case is still a live case — comply with existing orders during it.
Practical route
- Apply with a C2 (or orally at a hearing) explaining why, for how long, and the review plan
- Attach evidence (medical letters, trial dates, correspondence)
- If the other side opposes a stay you need for illness, you can asking the judge to weigh the disadvantage to you of proceeding
Official links
- https://www.gov.uk/looking-after-children-divorce
- Family Procedure Rules: https://www.justice.gov.uk/courts/procedure-rules/family
This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.
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.