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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10715
Experience:  Barrister 17 years experience
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Hi I want know if I can with draw a application appeal that

Customer Question

Hi I want know if I can with draw a application appeal that I made to a circuit family court last January as they won't give me a date they keep throwing it out on me when comes near the date
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Yes, you can withdraw an appeal you made in relation to an application at any time should you so wish. You simply either serve a Notice of Discontinuance or else indicate to the court that you want to withdraw the appeal. An appeal can be withdrawn at any stage should you no longer wish to go ahead. However, if you do want to see your children, then you should continue with the appeal and appeal against the order of the District Court, as this is the way to get the District Court order overturned. If you have any additional matters or wish clarification, I will be happy to help further.

JACUSTOMER-7ljuqt84- : Hi tk u for ur mail I was only going withdraw the application as the circuit court keeps change the date this been happening since January and I'm now in a position to take my boys home the hse got full care based on a report from a psycharisit that only met me for one app but Iv been with my doctor for 15 months now and she said the other doc wS wrong in her diagnose and that I'm well able to now take care my children myself so was going take out my application from circuit court on them grounds and go back to the judge that put the care order in place 16 months ago and show him the changes I made is there a punishment to me for take out the application in the circuit court could the judge go mad at me for it
Buachaill :

2. NO, there is no punishment for you taking out the application. As there has been a variation and improvement in the circumstances, you can simply go back and get the original order made on the application varied or changed to reflect the changed circumstances. You can admit the new evidence from your doctor in support of your new application.

JACUSTOMER-7ljuqt84- : Ok thank you for ur advice and your help
Buachaill :

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