Tentative Ruling

Judge Thomas Anderle
Department 3 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107

FAMILY LAW
Ashley McGowan v. John William Hall
Case No: 19FL02724
Hearing Date: Tue Feb 25, 2020 10:30

Nature of Proceedings: Req. for Order: DVRO

Req. for Order: DVRO

Attorneys: J’Aimee L. Oxton for Petitioner [“mother”]; Susanna V. Pullen for Respondent [“father”]

Ruling: The case is continued to March 24 to give mediation on 3/6 a chance to resolve the issues; all temporary orders to remain in effect. If no resolution, CMCS’s due one week in advance reporting how the lawyers think we should proceed, can the case be resolved on declarations or will an evidentiary hearing be requested; if testimony is requested when will the case be ready for hearing, and how long it will take.

Analysis

This DVRO case was filed on 12/16; a TRO was signed by the Commissioner and set for hearing on 1/8/20; the matter was reassigned and on 2/4 the matter was continued to 2/25.

Mediation: The file reflects that Family Court Services reported that the mediation was “incomplete and the parties will return to mediation on March 6, 2020.”

There is one child, born 2014 [Sienna Hall]; mother seeks professionally supervised visitation at father’s expense; lawyer’s fees.

A Response to the DVRO was filed 2/10; father does not agree to the orders requested but agrees to alternate custody and visitation orders; agrees to guideline support; disagrees with the request related to attorneys’ fees.

A 2nd Amended TRO was submitted on 2/18; apparently adds item #23 that provides “any visitation be professionally supervised at Restrained Party’s sole expense. Minor child may not be driven by unlicensed or uninsured driver. No 3rd parties may be present (other than professional supervisor) during Restrained Party’s visitation.”

A 6-page Reply was filed by mother on 2/18/20; she asks that the Restraining Orders be made permanent, and that any effort in the future by JW to have unsupervised contact with their daughter be examined in light of his success, or lack thereof, in completing the Project Recovery program that he admits that he needs, and in which he invites the Court to Order him to participate.

On 2/20/20 Bethany Zoll through father’s attorney, Ms. Pullen, caused to be filed a report related to three visits in February (13th, 16th and 18th); there are clear and uneventful except that it appears father and daughter were happy together.

The Court’s Conclusions

Mediation should have a chance to address the issues. Pending further orders all temporary orders to remain in effect.