SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

UNIFIED FAMILY COURT

LARISA STIRIS GLUCK, ) Case Number: FDI-14-782209
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Petitioner ) Hearing Date: March 22, 2018
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VS. ) Hearing Time: 9:00 AM
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YOEL GLUCK, ) Department: 404
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Respondent ) Presiding: RICHARD C. DARWIN
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REQUEST FOR ORDER FOR MODIFICATION OF VISITATION, ACCOMMODATIONS FOR RELIGIOUS PRACTICES

TENTATIVE RULING

Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the court makes the following findings and orders:

Respondent’s request for order is denied. The judgment incorporating the Marital Settlement Agreement (“MSA”) entered in May 2016 was a permanent order regarding legal and physical custody, including visitation. See Section 1.03(a) of the MSA. The court notes that physical custody timeshare schedule in the MSA already ensures that exchanges will not occur on the Sabbath, and that it specifically addresses the issue of Edna missing school on specified religious holidays. A party seeking to modify a permanent custody and visitation order must establish two things: (1) that there has been a significant change of circumstances since the entry of the permanent order, and (2) in the event a significant change of circumstances is established, that the requested modification is in the best interests of the child. Marriage of Carney (1979) 24 Cal.3d 725, 730. Respondent’s request for order fails with respect to the first step of this test, as he has not shown a change of circumstances, much less a significant one, that would justify a modification of the permanent custody and visitation order to which he already expressly agreed.

Counsel for Petitioner to prepare the Findings and Order after Hearing.