Legal Question in Family Law in New York

Dismissed with prejudice, what do i do?

I have custody of a small child, the father has supervised visits with his mother ( child's grandma) doing the supervision. He does not come often, twice a year. Last visit they all went to the movies with other family members. Grandmother left the movie with another grandchild for what ,according to them and my child was the duration of the movie. the father and grandmother told me and was laughing about like it, as if it wasnt serious. Child told me same, "grandma left to watch another movie". I filed a petiton to moidfy the stip. Young child didnt want to talk about it with the law guardian for whatever reasons. Father and grandmother alledge they were there, she left to go the bathroom ( after the fact, not when this occured) Since, according to the judge, the child does not fear the father and wants to continue a relationship he dismissed the action. the order came in the mail and it says its dismissed with prejudiced. Does that mean if they violate the order again i can not file a petition? or just if the grandmother leaves them alone? or if they are left alone at the movies? thanks


Asked on 10/01/13, 4:40 pm

1 Answer from Attorneys

Bruce Provda Provda Law Firm

With prejudice means that that court has made its final judgment on that particular incident and that the incident cannot be brought up again. If you feel a later violation is made then you can make a petition regarding that one, but this one is done. Please consult an attorney.

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Answered on 10/06/13, 2:22 pm


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