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 An appeal can be withdrawn at any stage should you no longer wish to go ahead.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.
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.
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