So the petition of my parents’, for visitation with my son was withdrawn, and I would say that it’s clearly from the representations that I made during the proceeding; here’s what happened:
I had received a copy of the proposed witness list from my son’s mother’s attorney, and from this I decided that it was time for me to start drafting my pre-trial documents as well. So I put together a witness and exhibit list, along with a request for judicial notice of my eviction case. Judicial notice, is when you ask a court to take notice of something that’s already on a legal record; like an exhibit. I wanted the court to take notice of a proceeding in which the petitioners were the same party as in this matter, and this is how it was relevant.
In my eviction case, which was between myself and my parents, I sought the findings that I had the right to a six-month notice to quit before I could be removed from my home while simultaneously, myself living with my parents wasn’t burdensome to them.
The reason for myself asking for judicial notice of my eviction case, before the trial had even begun, was so that I could have consideration from the court for the eviction case before the trial began, without having to stand there in the beginning of the trial explaining the eviction case to the court in finite detail. Asking for judicial notice was a way of asking the court to bring my eviction case into this visitation case for consideration, in a very neat and concise way (we never got to a point where the court responded to the request).
It was very important to me that the eviction case was recognized from the beginning, because if it wasn’t, or wasn’t considered significant, it meant in my mind that the court was going to put my son in contact with my parents, and I wasn’t going to stand there and watch the court put my son around these people whom I thought (and still do think), are individuals who would be harmful for him to have in his life. If it started to look as though the court was going to do this, I was going to rest my defense and leave (or send notice to the court that I wasn’t intending to show). These were my consideration before trial.
Luckily, about three hours after my parents’ attorney had received my request for judicial notice, they had send a letter to the court asking to withdraw their petition. They also sent it via email.
The reason they gave for this, is that they didn’t like the witnesses that my son’s mother’s attorney had put on her witness list, and this didn’t really make sense to me, because the way that witnesses work, is you mitigate them and their testimony. You don’t give up because of the testimony that a prospective witness might give, or that they might be called as a witness; you make your case in spite of it, with consideration that what you’re seeking in the proceedings will overshadow their testimony, because of the fact that what you’re seeking is appropriate.
It’s my overwhelming belief that they asked to withdraw their petition to avoid the risk of it being dismissed with prejudice. A dismissal with prejudice would mean that they can’t file another petition seeking the same thing without prior permission form the court (or something similar). A dismissal with prejudice was considered a possible outcome because, who would want a child to be around people, who feel the need to throw their own children out on the street, without giving them a reasonable time for them to prepare?
After I received my copy of this request from the petitioner’s to withdraw their petition, without prejudice, I immediately attempted to procure what I was seeking from the proceeding, which was a dismissal with prejudice. I didn’t want to receive another petition from my parents about seeking visitation with my son, and then have to revisit this matter again at another time whenever they decided to file again.
The following day, I filed and served a proposed Order to Show Cause, which if ordered by the court, Mr and Mrs Rotondo would have to show why the matter should not be dismissed with prejudice, or it would be so dismissed.
Paragraph #1 (the only paragraph) on page 2 explains my reasoning for how it was that I believed that a dismissal with prejudice was appropriate. Subsequently, my order to show cause was denied, based on the petitioner’s right to make their case. There’s really no way that I can disagree with this, because people have the right to a proceeding, even if it puts a nasty taste in the mouth of a (any) Respondent(s). There’s a procedure for a petition to be recognized as completely unfounded, and that procedure cannot be disregarded (word from the wise).
Previous to the courts ruling denying my Order to Show Cause, the court ordered the petition dismissed, due to withdraw of petition.
I’m thoroughly relieved that the case has been closed. It’s a significant weight off my shoulders.
Oh one more thing, it’s supposed to say “deem” not “seem” at the near end of my order to show cause. So much for myself being offered that partnership in the firm…