SUPERIOR COURT OF CALIFORNIA COUNTY OF MARIN

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1 SUPERIOR COURT OF CALIFORNIA COUNTY OF MARIN DATE: 01/29/19 TIME: 9:00 A.M. DEPT: K CASE NO: FL PRESIDING: HON. SHEILA S. LICHTBLAU REPORTER: CLERK: JENN CHARIFA PETITIONER: SARAH PECK and RESPONDENT: JULIAN PECK NATURE OF PROCEEDINGS: 1) OTHER FAMILY THERAPY AND FINANCIAL DISPUTES [RESP] JULIAN PECK 2) CHILD CUSTODY VISITATION AND CHILD SUPPORT AND VOCATIONAL EVALUATION [PETR] SARAH PECK RULING Petitioner Julian Peck ( Father ) filed a Request for Order ( RFO ) on August 7, 2018 asking for 29 separate orders related to visitation, counseling, child-related expenses, non-disparagement, and pet-sharing costs. Father also seeks attorneys fees although he is not represented at this time. Respondent Sarah Peck ( Mother ) filed a Responsive Declaration to Father s RFO on November 13, Father s RFO was continued to December 7, 2018 at his request. His RFO was then continued to January 29, 2019, following reassignment and at the request of Family Court Services. On September 28, 2018, Respondent Sarah Peck ( Mother ) also filed an RFO seeking modification of custody and visitation and child-related expenses. She seeks an order directing Father to attend a vocational evaluation. Mother s RFO was also continued to January 29, 2019, to be heard concurrently with Father s RFO. The parties were referred to the Marin Family Court Services ( FCS ) for mediation and counseling on the issues raised by Father and Mother (Marin is a recommending county. (Family Code 3183; Marin County Rules, Family 6.17.A.)) Mother and Father met with FCS and reached a number of substantive agreements. Father has filed a Statement of Agreement/Disagreement, which disagrees with a few of those agreements. The court now approves and enters as orders of the court, the following agreements as modified, and as set forth below:

2 Child Custody Agreements 1. Parental Timeshare: The children shall be in Father's custody in alternate weeks from Thursday after school through Sunday 3 PM. The children shall be in Mother's custody at all other times when not in Father's custody. 2. Ski Week and Spring Break: Each parent shall get one half of each break every year. The parties may modify the Spring Break schedule by mutual written agreement, agreement not unreasonably to be withheld. 3. Thanksgiving: The Thanksgiving Break shall be divided equitably between the parents with Mother having Thanksgiving Day in odd years while Father has Thanksgiving Day in even years. The parties may modify the Thanksgiving schedule by mutual written agreement. 4. Christmas: Odd years with Father, even years with Mother. The parties may modify the Christmas schedule by mutual written agreement, agreement not unreasonably to be withheld. 5. Summers: The children shall be in Father's custody every other week from Saturday 3 PM through Friday 3 PM. The children shall be in Mother's custody at all other times when not in Father's custody. The parties may modify the summer schedule by mutual written agreement, agreement not unreasonably to be withheld. 6. The children shall be bathed regularly and their hygiene attended to appropriately. 7. The children shall be fed nutritious and healthy meals. 8. First right of refusal: Shall be triggered by an overnight or more. In other words, if the custodial parent is unable to care for the children for a period of one overnight or more, they shall offer that time to the other parent before attempting to find alternative child care. If the other parent is unable to take custody of the children, the custodial parent shall then be responsible for making alternative child care arrangements. 9. Each parent shall be responsible for supplying safety gear for the children in the event of emergencies as well as having an emergency plan for the family. Parents shall notify one another as soon as feasibly possible if the kids are involved in some kind of emergency. In the event of an emergency such as a natural disaster, the other parent shall be permitted to see the children as soon as feasible. 10. Both parents shall use Google Calendar for all scheduling pertaining to visitation. Mother shall inform Father when changes are made to the calendar. The parties may use another system upon mutual written agreement. 11. The children must be driven only by each parent or a licensed and insured driver. Page 2 of 6

3 12. The children's clothing, toys and other items shall travel between the parents' homes as necessary. 13. Telephone and FaceTime calls shall occur on Sundays at 9 AM, Wednesdays at 5 PM, and Fridays at 9 AM when children are in Mother s custody, and Saturdays at 9 AM, Wednesdays at 5 PM and Fridays at 9 AM when children are in Father s custody. 14. Both parties shall consult each other and make decisions together for non-routine medical examinations only. Both parties shall provide notification of emergency medical treatment at the earliest opportunity to do so. 15. Both parties shall provide 60 days written notice before taking the children out of the state or out of country. Such notice shall include an itinerary, flight schedules, accommodation information, and telephone numbers. Such travel may not interrupt the children s school attendance without written mutual parental approval. During their respective travel, the children shall be appropriately supervised. 16. Neither parent shall speak in a negative, disrespectful or derogatory manner to, or about, the other parent in the children's presence or within hearing distance of the children. Both parents shall ensure that all other family members and friends comply with this order. 17. Each parent shall provide written notice of their intent to move residences no later than 45 days if the move is out of San Luis Obispo County or Marin/surrounding Bay Area counties. Child Custody and Visitation As to the unresolved custody issues, the court has reviewed all pleadings filed in connection with Mother and Father s RFOs including Father s Statement of Disagreement. In consideration of the report and recommendations of FCS, the court finds good cause to adopt the recommendations as its order as modified by this court: 1. The parties shall have joint legal custody. 2. The parties shall have joint physical custody. 3. Winter Break: Until Alaia turns five, the children shall spend no more than six nights away from Mother during their Winter Break. The Winter Break shall be shared between the parents with the children spending no more than six nights away from Mother. Once Alaia turns five, each parent shall have one week of the Winter Break (alternating the week in which Christmas lands in alternate years). 4. Exchange locale: The receiving parent shall be responsible for transportation. The receiving parent shall pick up the children from the non-receiving parent s home unless another locale is established by mutual written agreement. Page 3 of 6

4 Father s RFO. The court responds to Father s 29 requests ad seriatim as follows: 1. The parties attended mediation with FCS and were able to reach agreement on a number of disputes. Each party is seeking individual therapy. FCS declined to issue a recommendation regarding court ordered co-parenting and therapy. This court also declines to make such an order in light of the numerous agreements reached and the parties engagement in therapy. 2. The parties have agreed that neither parent shall speak in a negative, disrespectful or derogatory manner to, or about, the other parent in front of the children. The court declines to issue additional declaratory orders given the parties agreement. 3. The court previously issued an order on April 13, 2018 requiring that the parties share equally all reasonable uninsured medical and dental expenses and childcare costs related to either party s employment or reasonably necessary education or training for employment skills. The court also ordered the parties to share equally fees for school, summer camp, lessons, and enrichment activities for their children to the extent agreed upon in writing in advance, agreement not unreasonably to be withheld. The court declines to issue additional orders on cost-sharing for travel, babysitters, etc. The request for cost-sharing of mediators or family therapy is not at issue at this time. 4. The parties have agreed that neither parent shall speak in a negative, disrespectful or derogatory manner to, or about, the other parent in front of the children. The court declines to issue additional declaratory orders. 5. This request is addressed in the orders issued above. The parties have worked out a coparenting schedule and have agreed not to disparage one another. The court declines to issue additional declaratory orders, given these agreements. 6. This request has been addressed through FCS mediation. The parties have worked out a 7. This request has been addressed through FCS mediation. The parties have worked out a 8. This request has been addressed through FCS mediation. The parties have worked out a 9. There is insufficient information for the court to address what Father is requesting. The parties have worked out a co-parenting schedule and have agreed not to disparage one another. The parties may also make modifications to the schedule upon mutual written agreement. The court declines to issue additional orders as to flexibility at this time. 10 This issue has been addressed through FCS mediation. The parties worked out a schedule which includes a first right of refusal. 11. This request is for future contingent relief. The court declines to grant relief for an event that has not occurred. Page 4 of 6

5 12. This request has been addressed through FCS mediation. The parties have worked out a 13. This request is for future contingent relief. The court declines to grant relief for an event that has not occurred. 14. This request has been addressed through FCS mediation. 15. This request has been addressed through FCS mediation. The court declines to issue additional orders for future contingent relief. 16. This request has been addressed through FCS mediation. The court declines to issue additional orders for future contingent relief. 17. This court previously ordered on April 13, 2018 that Father will file as single with two exemptions (himself and Ashen) and the standard deductions, and Mother will file as an unmarried head of household with two exemptions (herself and Alaia). The parties are expected to comply with this order. 18. This court previously issued an order on April 13, 2018 requiring that the parties comply with Family Code 4063, which pertains to payment or reimbursement of costs. The parties are ordered to comply with the provisions of Family Code 4063 in seeking reimbursement for uninsured medical and dental expenses, and a copy of the NOTICE OF RIGHTS AND RESPONSIBILITIES Health-Care Costs and Reimbursement Procedures shall be attached to the ORDER AFTER HEARING. 19. This request is a trial issue. The court declines to address the issue of withdrawals at this time. 20. The court declines any request to halt child support payments because Mother may owe Father money. The final resolution of assets is reserved for trial. 21. Father is requesting future contingent relief. The court notes that the dissolution proceeding is at issue and can be set for a settlement conference and trial. 22. This request is not seeking any relief or order, but was addressed in the court s prior order dated April 13, The court declines Father s request for future contingent relief for potential health care costs. 24. The court declines Father s request for future contingent relief for potential health care costs. 25. This request is addressed in the language of the summons accompanying the filing of a petition for dissolution, which immediately restrains each party from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor children. 26. The parties reached an agreement through FCS mediation to provide notification of emergency medical treatment at the earliest opportunity. The court declines to issue additional orders for future contingent relief. 27. The court previously issued an order on April 13, 2018 requiring that the parties share equally all reasonable uninsured medical and dental expenses and childcare costs related to either party s employment or reasonably necessary education or training for employment skills. The court also ordered the parties to share equally fees for school, summer camp, lessons, and enrichment activities for their children to the extent agreed Page 5 of 6

6 upon in writing in advance, agreement not unreasonably to be withheld. The court declines to issue additional orders on cost-sharing. The parties are ordered to comply with the provisions of Family Code 4063 in seeking reimbursement for uninsured medical and dental expenses, and a copy of the NOTICE OF RIGHTS AND RESPONSIBILITIES Health-Care Costs and Reimbursement Procedures shall be attached to the ORDER AFTER HEARING. 28. The court declines to issue an order mandating cost-sharing of pets. If the parties are unable to reach agreement on pet costs, the issue may be reserved for trial. 29. The court declines to issue any order mandating that Mother work. However, the court will order that Mother undergo a vocational evaluation, if Mother elects to proceed with her request to have Father undergo a vocational evaluation. Mother s RFO. Mother sets forth three requests pertaining to custody and visitation, modification of child support, and vocational rehabilitation. The court responds ad seriatim to each request as follows: 1. As to custody and visitation, the issues raised have been addressed in the orders issued above. 2. This court previously ordered on April 13, 2018 that Father will file as single with two exemptions (himself and Ashen) and the standard deductions, and Mother will file as an unmarried head of household with two exemptions (herself and Alaia). Mother is currently unemployed. The parties are expected to comply with this order. 3. Mother s request that Father be ordered to undergo a vocational evaluation is granted contingent upon Mother also undergoing a vocational evaluation. Mother and Father shall use evaluator Rachel Hawk, 829 Sonoma Avenue, Santa Rosa, CA 95404, (707) Each party shall pay half of the total cost of the evaluations. As authorized by CRC 5.125, the court will prepare the Findings and Order After Hearing. Appearances required for the Case Progress Conference and Trial Readiness Conference. Page 6 of 6