Notwithstanding Rule 41 of these rules, an action shall not be dismissed at the petitioner’s instance save upon order of the court based on a motion and an affidavit or declaration in support of the motion signed by the petitioner and upon such conditions that the court deems proper. Upon the entry of an order of dismissal, the petitioner shall mail a certified copy of the order of dismissal to the parents, other than the spouse of the petitioner, unless mailing a copy of the order is dispensed with by the court.