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Case dismissed for lack of prosecution?

WwCorgi7's picture
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My husband had an ongoing court case for custody enforcement/remodification. He spent a little over $1000 so far just filing the papers and paying for mediation. BM wouldn't agree to anything so the mediation was marked no solution and the case was handed over to the judge. They have been waiting for a court date since November of last year. The mediator said it would most likely be early 2020 due to the holidays coming up. Then in March the courts closed down due to covid lockdowns and they have been backed up. Today my husband checked his case status and the judge dismissed the case for lack of prosecution. Anyone have idea why? When he last talked to them they said it was handed over to the judge to go to trial and he had to wait until they scheduled it.

Thumper's picture

Get ready---your dh is going to be in and out of court until kids are emancipated OR Longer. Sounds like your bm is one of those. $$$$$$$$$$$$$$$$$$$$ its all about 'her' money.

 

WwCorgi7's picture

He was a little upset after going to all the trouble and the money he put in so far. With SD and BM out of the picture he has decided not to have it reinstated. It's not worth it and he is trying to move on. 

tog redux's picture

I've heard of places dropping cases (erroneously) that were delayed due to COVID - I'm guessing he can get it back on the docket. 

WwCorgi7's picture

That is possible everything seems to be a mess. We were just initially confused because he was waiting on them and then they put it down as him not further pursuing. 

Harry's picture

Your lawer drop the ball.   First of all you better have $10,000 to $20,000 to spend.  
BM is going to do everything to delay this. The longer it's delayed it's better for her.

You need a lawer who going to just keep filling paperwork every time he gets the window to do that.  He must file for disclosure of BM taxes, medical records,  insist on counseling's, more counseling,  have to make BM life run in circles 

Unfortunately this is not cheap, 

WwCorgi7's picture

Yeah, no way we are paying that much.  My husband doesn't have a lawyer nor does he believe in lawyers.  BM got a lawyer for their last dispute (spent over 15 grand) and lost the case. She tried to get my husband to pay for half her lawyer fees but he and the judge refused because she was the one to file everything and obtain a lawyer when my husband represented himself. I was more curious on why they tossed the case when they it was their move to schedule a court date. Thanks for the reply!