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  1. #1
    Join Date
    Jan 2012
    Posts
    9

    Default Stipulation for Dismissal

    My question involves a child custody case from the State of: MA

    Ex husband filed a complaint for contempt stating I neglected to provide him with information about our daughter. I am the custodial parent and but we share joint legal. According to the divorce decree,

    “Each party agrees to keep the other reasonably and timely informed of major changes in the academic, physical, emotional, and social status and activities of the minor child and upon specific request shall forward to the other copies of any school, medical and dental, and other reports or written communications concerning the welfare of the child.”

    I do not know of any “major changes” in any of these areas of the child’s life that the Plaintiff is referring to nor have any specific requests (or non specific) have been made.

    This was scheduled to go forward this week in front of the judge but the day before his lawyer sent me (pro se) a STIPULATION FOR DISMISSAL written as follows:"The parties to the above entitled action, pursuant to the provisions of Mass.R.Civ.P. 41(a)(1)(ii), hereby stipulated that the Complaint for Contempt filed by Mr. X on October 21, 2011, be dismissed."

    My question is, I added the words "with prejudice" to the end of their sentence after finding others written like this online. Was I wrong to do this? His lawyer submitted it without even questioning it and it was approved and the contempt dismissed. Can someone further explain "dismissed with prejudice" for this type of contempt? Thanks.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Stipulation for Dismissal

    It means that the issue cannot be raised again. In other words, he can't file for contempt again for this particular issue.

    It doesn't preclude him from filing in the future if he feels you've done something else wrong.

    Bit of a ballsy move that, Mom. I would have stricken that if I'd been the attorney

  3. #3
    Join Date
    Jan 2012
    Posts
    9

    Default Re: Stipulation for Dismissal

    Thank you I was expecting his representation to rebut, but nothing. She is not a very bright lawyer, so this has been to my advantage (with a bit of research). It is still strange to me that these two words can make it impossible for an indefinite duration of time for someone to re-file another complaint...It seems reasonable for something such as a financial suit that is done and overwith, but we will be parents until our child is an adult. Does this "with prejudice" last for years? Obviously he can bring up other things unrelated to this complaint.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Stipulation for Dismissal

    It means that this particular complaint is over and done with.

    But it doesn't mean he can't file a new complaint first thing Tuesday morning for something else. That's the nature of contempt hearings. They come, they go, they're dealt with. If a parent files too many, the judge gets pissy and the parent gets reamed. If the parents has a genuine reason though, there's nothing stopping them filing every month if necessary.

  5. #5
    Join Date
    Jan 2012
    Posts
    9

    Default Re: Stipulation for Dismissal

    Thank you! That's what I needed to hear.

  6. #6
    Join Date
    Jan 2012
    Posts
    9

    Default Re: Stipulation for Dismissal

    Just an update on what happened. The ex's lawyer accepted the stipulation for Dismissal and it was confirmed "with prejudice." Now it is a couple weeks later and he started a new process...complaint for modification on his visitation, and request to pay less child support. Here we go again I'm starting to really hate court. I may have to post more questions as we get closer to this but have to do some research first. Thanks all for your help and guidance.

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