Category Archives: San Francisco Superior Court Tentative Ruling

COLLEEN SCHULZ VS. MARK SCHULZ

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNIFIED FAMILY COURT

COLLEEN SCHULZ,
Petitioner
VS.
MARK SCHULZ,
Respondent
) ) ) ) ) ) ) ) ) ) ) )
Case Number: FDI-05-758950
Hearing Date: April 5, 2018
Hearing Time: 9:00 AM
Department: 403
Presiding: ROGER C. CHAN

REQUEST FOR ORDER FOR MODIFICATION OF TEMPORARY EMERGENCY ORDER, CHILD
CUSTODY, VISITATION, ORDER SHORTENING TIME

TENTATIVE RULING
Please be advised that court will begin at 9:30 a.m.

The Court has read and considered the pleadings, declarations, and other evidence submitted in
this matter, including the Tier 2 Evaluation. After full consideration of these matters, and for good cause
shown, the Court makes the following findings and orders:

1. Petitioner’s Request to modify Respondent’s custody and visitation with the minor child is
DENIED. Petitioner is ordered to comply with the previous custody and visitation orders. Petitioner is
further ordered to meet and confer with Respondent not later than May 15, 2018, to schedule his “make
up” time during the summer for any time that she withheld the minor child from court-ordered visitation.
Failure to comply with the court orders may result in penalties for contempt of court or other sanctions.

2. The temporary order restricting Respondent’s travel with the minor child outside of the 9 bay area
counties, the state of California, and out of the country is hereby dissolved.

3. The Court finds that a parenting plan that reduces the amount of anxiety and concern that the
minor child experiences, in particularly regarding the transitions between parenting time, while providing him with predictability and structure, would be beneficial to the minor child. As the 2/19/13 Child
Custody and Visitation Stipulation and Order states, “It is strongly recommended that a parenting
coordinator/special master be stipulated and put in place to facilitate civil, polite, timely problem solving,
co-parenting communication and cooperation.” The parties may also contact Family Court Services to
schedule a mediation without filing a new request for order. Parenting coaching is also strongly
recommended for both parents.

4. Respondent’s request to vacate the temporary order prohibiting his consumption of alcohol during
his parenting time with the child is DENIED WITHOUT PREJUDICE. The Court is concerned that
Respondent’s consumption of alcohol has a triggering effect on the minor child and recommends that this
issue be explored in the child’s individual therapy and/or in joint/family therapy between the child and
father.

5. Both parents and the minor child are ordered to participate in the Kids Turn program, if they have
not done so already.

6. Respondent may participate in joint or family counseling with the minor child with either Dr.
Peter Carnochan, Dr. William Dickman, or Dr. Michael Litter, as he elects. These sessions shall be
scheduled during Respondent’s parenting time and at his sole expense. Petitioner shall cooperate with
signing any necessary consents to release information to facilitate this treatment.

7. Neither parent shall utilize corporal punishment on the minor child, or allow other caregivers of
the child to utilize corporal punishment on the minor child.

8. Petitioner’s request for a substance abuse evaluation of Respondent is DENIED.

9. Both parties are ordered to not make disparaging comments about the other parent to the minor
child or in his presence.

10. Both parties are ordered to not discuss the court proceedings with the minor child. Both parents
are ordered to not provide copies of the court documents to the minor child. Petitioner is admonished for
having done so in the past.

11. Counsel for Respondent shall prepare the order.