Saturday, October 19, 2013

Stipulation of agreement and order of dismissal

Q: Me ex petitioned family court for enforcement of custody order claiming i unreasonably withheld consent for a child issue which caused pendente lite decision in her favor. I counter petitioned with custody mod to get pendente lite reversed and her petition dismissed based on her clear misrepresentation of facts (i lost time frame to appeal). My petition won't be heard until trial and didn't expect it to be. We are both pro se. We have now come to terms on the issue. Law gaurdian offered to write up stipulation but says she can't include order of dismissal with prejudice in the stipulation while claiming it isn't needed. Is that true? I said the only way i would sign is if the petitions were simultaneously dismissed with prejudice.

A:  David's Answer:  If the petitions are dismissed, and there is no active case before the Court, how then could the Judge sign-off on the stipulation of settlement?  -- David Bliven, Westchester Bronx Child Custody attorney (

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