Legal Question in Family Law in Iowa

Cancelation of court date without confirmation

I was supposed to have a court hearing on the 12th of this month. Well the petitioners lawyer canceled the case and called the respondents law firm to inform him. The petitioners lawyer seems to think she will come to an agreement with the respondent. When the respondent contacted her to try to work out an agreement more than bias in her favor the petitioner said no. The respondent then asked what she purposed and thought was acceptable, the petitioner says she perposed nothing and that's what's acceptable. The petition is not allowing the respondent to see his son. I the respondent would like to know if there is some sort of law stating that the petitioners lawyer much contact and confirm the cancelation of the court date with either the respondent or his attorney. The cancelation, and her not wanting to compramise outside of court now means I the respondent will not be able to see my son for another month perhaps two till it gets a court date again. If there is no law doesn't this allow her and her attorney to keep canceling, thus keeping the temperary custody she filed (I have never signed anything!) forever so long as they keep setting up a date and canceling.


Asked on 9/14/06, 2:57 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Cancelation of court date without confirmation

A plaintiff or petitioner can dismiss their case for good reason, any reason or no reason at all. You do not have a right to be a defendant. You can, however, force the issue by filing your own petition for dissolution.

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Answered on 9/14/06, 3:41 pm


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