Case Progress Conference; Review of Reports Hearing
This matter is set for hearing re: custody/visitation regarding the parties’ two children, Amelia (DOB 10/9/2018) and Isaac (DOB 7/12/2021) following the issuance of a 3-year restraining order with Petitioner/Father the restrained party, and Respondent/Wife and the two children the protected parties. Mother was granted sole legal and physical custody of the children; Father has virtual visits with the children twice a week, one visit for 45 minutes and the other for 30 minutes.
The parties were referred to Family Court Services (”FCS”). (Marin County is a “recommending county”; Family Code §3183; Marin County Rules, Family 7.17.A).). FCS met with both parents and Amelia and filed its Report & Recommendations with the Court on 4/29/2026. Mother filed an extensive Statement of Disagreement with the FCS Recommendations.
Having heard the Domestic Violence Restraining Order, and having reviewed and considered the FCS Report & Recommendations, the Court finds that it is in the best interests of the children to adopt the FCS Recommendations, as modified below and, therefore, orders as follows:
1. All prior orders not in conflict with the below shall remain in effect with the following modifications.
2. Mother shall maintain sole legal and physical custody until further court order.
3. Father shall continue in mental health treatment through the VA until no longer clinically indicated.
4. Father’s restriction to supervised video visits shall be lifted. Father shall resume in- person supervised visits twice a week for a period of two months. Amelia is to participate in these visits. These visits may occur at Father’s home. One visit shall be during the weekdays and the other on either Saturday or Sunday. The visits may be up to four hours in length or whatever length of time is financially feasible; however, while school is still in session, the weekday visit shall be two hours. If Sally Fraser is available and willing to continue to supervise visits, Ms. Fraser shall be the supervisor.
5. Concurrent with the supervised visits, Father and the children shall participate in family therapy of no less than four sessions to address the impact of Father’s behaviors on the children. Mother is to provide background information to the family therapist so that the family therapist has input from both parents.
6. If there have been no issues of concern with the two months of in-person supervised visits and after completion of four family therapy sessions, Father shall transition to unsupervised day visits. Father shall have parenting time each Saturday from 10 AM to 2 PM and each Tuesday (or another mutually agreed upon weekday) for up to four hours. This schedule shall be in place until the end of summer 2026.
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7. When school resumes for school year 2026 – 2027, Father shall have parenting time every Friday from after school through Saturday 7 PM and one midweek visit from after school through 7 PM. This schedule shall be in place through November 1, 2026.
8. Commencing November 1, 2026, Father’s parenting time shall be alternate weekends from Friday after school through Monday morning drop off at school and each Wednesday from after school through 7 PM.
9. Parents may modify the custody schedule per mutual agreement.
10. The children shall have permission to travel with Mother to Korea for Summer 2026 for a period of two weeks (not including travel days).
11. The children shall not travel to Australia in October 2026 with Mother as this would require Amelia to miss two weeks of school.
12. There shall be no corporal punishment of the children including slapping, kicking, etc.
13. Both parents shall take a class to learn how to best support children following divorce.
14. Father shall drive in a safe manner and shall not drive recklessly or engage in road rage driving when transporting the children. Violations of this clause shall be grounds for a reduction in Father’s custody time.
15. Father shall educate himself on the impact of family trauma on young children. This requirement may be fulfilled either through an online class or by reading a book on the topic. Father shall provide verification to the court of completion of this requirement.
16. Parents shall use Our Family Wizard or another equivalent coparenting app for all coparenting communications. All communications shall be peaceful and civil in nature. Coparenting communications shall not be considered a violation of the restraining order provided they are civil and peaceful.
SO ORDERED.
Counsel for Father to prepare the order.
Any party who disagrees with the Court's tentative ruling and wishes to have oral argument must notify the Court at (415) 444-7046 and opposing counsel (or if the opposing party is selfrepresented, notice must be given directly to the opposing party) of their intent to appear at the hearing for oral argument by 4:00 pm on the court day before the hearing, as required by Marin County Superior Court Family Law Local Rules 7.12(B) and (C). Notice may be given by telephone or in person. Absent proper notice, no oral argument will be permitted. If no request for oral argument is made, the tentative ruling will become the order of the Court.
Unless otherwise ordered by the Court, persons who requested oral argument must appear for the hearing in person or remotely via Zoom, in accordance with the Court website guidelines. If appearing remotely via Zoom (video or telephone), you are responsible for ensuring you have adequate connectivity; the Court may proceed in a party’s absence if technical issues arise. Proper Zoom etiquette and courtroom decorum are required, and failure to comply may result in the hearing being halted and an order to appear in person being made.