Olivia Alvarado v. Jesus Emanuel Garcia
Case No: 1440484
Hearing Date: Tue Apr 16, 2019 10:30

Nature of Proceedings: OSC Contempt; Req. for Order: Modification Child Custody/Visit

OSC Contempt; Req. for Order: Modification Child Custody/Visit

Both parties in pro per

Rulings:

The parties shall secure a mediation date with Family Court Services before this matter is called; they will report that date to the Court and the Court will select a hearing date for the RFO to occur after mediation. Do not cancel the mediation date. The RFO is continued to ____________2019

Mother cannot be arraigned on father’s OSC re contempt. It has not been served. It is off calendar. He is at liberty to file it again if he chooses.

Background: The Petition to establish Parental Relationship was filed in 3/2014; a parenting plan was stipulated to in 2014; there has been a lot of court litigation and a lot of mediations over the years since then; in 2/2018 mother was given sole legal custody and gather was given visitation on Mondays and Wednesdays 4-7pm and 2pm on Saturday of the month from 12-7pm; father testifies that on 2/13/18 he was wrongfully taken away custody of Sarah over false claims which have come to light, etc.

Father’s OSC re Contempt was filed 3/14/19; set for hearing on 4/16; father testified that mother has violated the existing order issued in 2018 relating to his visitation; he testifies that “the court should hold mother in contempt of court for visitation schedule.” He complains that the main reason why he is filing this contempt motion is because there have been more than enough times where his visitation rights have been violated; gotten to the point where he has to say enough is enough; really needs the court to help him enforce the agreement because it is clearly out of his control; he feels helpless.

Shortly thereafter father requested that the contempt hearing be rescheduled; the request was denied on 3/26; the Court said: “The request may be made at the hearing; in all likelihood the request will be granted because mediation has not been completed.”

Father filed his RFO on 3/13/19; setting 4/16 for a hearing; 14 pages long; the Court has read it all; summarize here; one child Sarah DOB 9/2012; father seeks joint legal custody; visitation Monday and Wednesday 3-7 pm (“already agreed upon”); also requesting 50/50 legal custody; seeks a holiday schedule; seeks specific orders related to:

A. Add an extra hour to visitation (3-7pm)

B. Joint legal custody

C. Enforce a holiday schedule (form FL 341)

D. Continue communication through talkingparents.com

No opposition to either the contempt matter or the RFO is in the file.

There is Proof of Service showing only the RFO was filed.

Conclusions

Mediation must be calendared first.