Can a motion for voluntary dismissal be re-filed?

[kepp81]

[Iowa]

In September the petitioner in a custody case filed a motion for voluntary dismissal. The respondent resisted it and the court denied the voluntary dismissal. The petitioner re-filed the identical motion for voluntary dismissal in December and this time the court granted it. The order says the petitioner has an absolute right to voluntarily dismiss and the court can't deny the dismissal.

Can he do this? I mean can he re-file the same thing and the courts grant it?? I looked it up online and our case says Disposition: voluntary dismissal. So it's just over?

 

[Taxing Matters]

In general the plaintiff/petitioner always has the right to dismiss the action he or she filed. I don't know why the respondent resisted it the first time and why the court denied the motion and what might make a difference here. Are you the respondent and if so, what is your reason for not wanting a lawsuit against you dismissed?

 

[Just Blue]

In general the plaintiff/petitioner always has the right to dismiss the action he or she filed. I don't know why the respondent resisted it the first time and why the court denied the motion and what might make a difference here. Are you the respondent and if so, what is your reason for not wanting a lawsuit against you dismissed?

That background information was likely in one of the threads that OP has deleted over the years.

 

[kepp81]

In general the plaintiff/petitioner always has the right to dismiss the action he or she filed. I don't know why the respondent resisted it the first time and why the court denied the motion and what might make a difference here. Are you the respondent and if so, what is your reason for not wanting a lawsuit against you dismissed?

I've spent a lot of money to get some sort of custody arrangement and child support for the kids. I paid my lawyer to file an agreement about paying for daycare and he just dismissed the case now. I've wasted so much money.

 

[LdiJ]

I've spent a lot of money to get some sort of custody arrangement and child support for the kids. I paid my lawyer to file an agreement about paying for daycare and he just dismissed the case now. I've wasted so much money.

So, there are no custody orders or child support orders in place at all now?

 

[kepp81]

So, there are no custody orders or child support orders in place at all now?

I don't think so. We had temporary orders but those are gone now right? We were suppose to have a trial in March.

 

[Zigner]

Absent a new ruling, or an expiration date listed in the orders, your prior (temporary) orders should remain in effect.

 

[not2cleverRed]

That background information was likely in one of the threads that OP has deleted over the years.

Well, she edited her initial post after your comment...

...But does it matter, since she's just going to delete again?

I've spent a lot of money to get some sort of custody arrangement and child support for the kids. I paid my lawyer to file an agreement about paying for daycare and he just dismissed the case now. I've wasted so much money.

How about YOU file, unless you find the arrangement under the temporary orders satisfactory.

 

[LdiJ]

I don't think so. We had temporary orders but those are gone now right? We were suppose to have a trial in March.

Yes, the temporary orders are gone now. You are going to have to start over and file yourself, so that he cannot dismiss the case again.

 

[kepp81]

Yes, the temporary orders are gone now. You are going to have to start over and file yourself, so that he cannot dismiss the case again.

Omg the wasted money . Not to mention the house .

 

[quincy]

Yes, the temporary orders are gone now. You are going to have to start over and file yourself, so that he cannot dismiss the case again.

How do you know this?

Omg the wasted money . Not to mention the house .

What does your temporary order say about child custody and support (and the house)? Is there an expiration date on the order?

 

[LdiJ]

How do you know this?

What does your temporary order say about child custody and support (and the house)? Is there an expiration date on the order?

A temporary order under a dismissed case (where there were no previous orders in place) dies with the dismissed case. There is no longer a case for the temporary order to be under.

 

[quincy]

A temporary order under a dismissed case (where there were no previous orders in place) dies with the dismissed case. There is no longer a case for the temporary order to be under.

A cite, please.

It is my understanding that a temporary child support and custody order remains in effect unless/until the court finalizes the divorce or there is a termination date.

Here is a link to Iowa Legal Aid:
https://www.iowalegalaid.org/resource/how-to-modify-a-custody-order

And here is a link to Iowa Code 598.10, temporary orders:
https://www.legis.iowa.gov/docs/code/598.10.pdf

 

[LdiJ]

A cite, please.

It is my understanding that a temporary child support and custody order remains in effect until the court finalizes the divorce.

Here is a link to Iowa Legal Aid:

https://www.iowalegalaid.org/resource/how-to-modify-a-custody-order

You are absolutely correct. A temporary child support and custody order remains in effect until a court finalizes a DIVORCE. However, if the divorce case is dismissed because the parties decide not to divorce after all, then there is no longer a divorce to finalize and the temporary orders die.

However, in this case, there was no divorce filed. Apparently the two parties were not married. This case was a custody case filed by the petitioner who later dismissed the case. There is no more case, so there are no more temporary orders.

Now, if a child support case had been opened by the child support enforcement agency and an amount ordered, and the party filed for custody after the fact, then only the temporary custody part of the orders would die with the dismissed case. The child support order made via the child support enforcement agency would remain in effect. That does not appear to be the case here, but it might have gone down that way.

 

[quincy]

Where does kepp81 say the divorce filing was dismissed?

If the divorce case was, in fact, dismissed, kepp81 needs to file for divorce herself and have a court issue another temporary order for child support, custody and the house.