Matthew Conway v. Brooke Conway

CUSTODY/VISITATION; PARENTING PROVISIONS 2) REQUEST FOR ORDER — PAYMENT ON TAX OBLIGATION

This matter is set for hearing on (1) Petitioner/Father’s 3/30/2026 Request for Order (““RFO”) re: custody/visitation regarding the parties’ three children: William (“Liam” DOB 11/22/2015), Henry (“Hank” DOB 5/21/2018) and Sarah (DOB 5/3/2021); and (2) Father’s 4/7/2025 RFO re: payment of tax obligations, advanced hearing re: vocational evaluation, Family Case Centered Resolution and sanctions.

Preliminary Matters

The Court notes that, although Father’s Reply Declaration and the Declaration of Robert L. Kaufman, Ph.D, ABPP were apparently served on Mother, neither was filed with the Court until 5/13/2026, which is untimely for a 5/15/2026 hearing. Neither the Reply nor the Declaration has or will be considered by the Court. That obviates the basis for Mother’s 5/13/2025 Written Evidentiary Objections to Dr. Kaufman’s Declaration and Father’s Reply Declaration, as well as Mother’s 5/13/2026 Sur-Reply Declaration, which also have not and will not be considered by the Court.

Custody/Visitation

On 5/5/2025, Respondent/Mother filed a Responsive Declaration re: custody and visitation in which she objects extensively to Father’s RFO.

There are no custody/visitation orders in effect. Father requests joint legal and physical custody of the children with a 2/2/5/5 schedule, proposes a holiday schedule and requests orders on collateral issues. Respondent/Mother filed a Responsive Declaration on 5/5/2026 in which she opposes virtually all of Father’s requests.

The Court notes that Mother’s supporting Declaration is 19 pages long, despite the fact that the FL-320 expressly states: “The facts that I write and attach to this form cannot be longer than 10 pages, unless the Court gives me permission. Mother neither sought, nor was given, permission to exceed the 10-page limit. Counsel is admonished that should the 10-page limit be exceeded in the future, the Court will consider only the first 10 pages and strike the remainder of the Declaration.

The parties were referred to Family Court Services (“FCS”) and were interviewed separately. FCS filed its Report & Recommendations with the Court on 5/7/2026. On 5/13/2026 Father filed a Statement of Agreement/Disagreement with the FCS recommendations.

Having reviewed and considered the timely written submissions by the parties, as well as the FCS Report & Recommendations and Father’s Statement of Agreement/Disagreement, the Court finds that it is in the best interests of the children to adopt the FCS recommendations with the modifications set forth below. Therefore, the Court orders as follows:

Parental Responsibilities

1. The parents shall share joint legal custody of all three children. The parents shall share in the responsibility and confer in good faith on matters concerning the children’s health, education and welfare. Both parents shall have access to the children’s school, medical, mental health, and dental records, have the right to consult with professionals who are providing services to the children, and shall be apprised by the other parent of all medical appointments made for the children, as well as the resulting recommendations with regard to treatment and medication for the children.

2. The parents shall share joint physical custody of all three children.

Timeshare Schedule

3. All three children shall be with Matt on the following schedule (and with Brooke the remainder of the time):

e The 1%, 2" and 4" weekend of the month from Friday pick up from school (or 4:00 p.m.) to Sunday at 5:30 p.m. Father shall pick the children up from school on Fridays; or if school is not in session, curbside at Mother’s residence. Mother shall pick up the children on Sundays curbside at Father’s residence.

e Every Tuesday (or another agreed upon weekday) from pick up from school (or 4:00 p.m.) until 7:00 p.m. (During the summer months this shall be an overnight until 9:30 a.m. the following morning).

e Exchanges. Father shall pick the children up at the commencement of his time- share from school; or if school is not in session, curbside at Mother’s residence. Mother shall pick the children up at the end of their timeshare with Father, curbside at Father’s residence.

4. The “1%' weekend of the month” is the weekend that contains the first Saturday of the month.

Except as set forth for the summer (No. 10 below), any additional time for Father or Mother to be with the children, or any changes to the schedule, shall occur as mutually agreed upon by the parents.

Holidays/Vacations

6. Monday holidays: The children shall remain in the care of the parent having custody for the preceding weekend for any Monday holidays that are not otherwise specified in the Holiday/Vacation schedule. If the children are with Father, they shall return to Brooke’s custody at 5:30 on Monday night.

Winter Break (February): The regular custodial weekend schedule shall remain in place during this break and in the odd years the children shall be with Father for the weekdays, including overnights, and in the even years they shall be with Mother.

Spring Break: The regular custodial weekend schedule shall remain in place during this break and in the odd years the children shall be with Mother for the weekdays and in the even years they shall be with Father, including overnights.

Mother’s Day/Father’s Day: These days shall be from Saturday at 5:30 to Monday at 9:30 a.m. The children shall be with Mother every year on Mother’s Day and with Father every year on Father’s Day. Mother’s Day is the 2"? Sunday of each May, and Father’s Day is the 3" Sunday of each June. This schedule takes precedence over the usual weekend schedule so Father will lose the 2" weekend of the May but gain the 3 week in June.

10. Summer: The regular custodial schedule shall be extended to include overnights each Tuesday and Sundays on the 1°, 2" and 4" weekends of the month. Mother shall pick the children up curbside in time for camp, or if there is no camp scheduled, at 9:30 am. Both parents shall have the opportunity to have all three children for two 7-day vacations. The parents shall share their desired vacation dates by April 1“ every year. If there is any disagreement, Brooke’s preferred dates shall take priority in the odd years, and Matt’s shall take priority in the even.

11. Fourth of July: The holiday shall be from July 3“ at 5:30 to July 5" at 9:30 am. The children shall be with Mother in the odd years and with Father in the even years.

12. Parents’ Birthdays (4/29 and 10/10): Both parents have the option to have the children with them on their birthday from after school until 7:00 p.m. or if it is not a school day from 9:30 a.m. to 7:00 p.m.

13. Halloween: Halloween shall be from 3:00 p.m. on 10/31 to 9:30 a.m. on 11/1. The children shall be with Father in the odd years and with Mother in the even years.

14. Thanksgiving: In 2026 and even years thereafter, the children shall be with Father from Friday release from school until Wednesday at 9:30 am and with Mother from Wednesday at 9:30 am until return to school Monday morning, when the regular schedule will resume. In 2027 and odd years thereafter, the children shall be with Mother from Friday release from school until Wednesday at 9:30 am. and with Father from Wednesday at 9:30 a.m. until return to school Monday morning when the regular schedule shall resume.

15. Christmas: In 2026 and even years, the children shall be with Mother from release of school at the start of the break to Christmas Day at 3:00 pm, and with Father from Christmas Day at 3:00 pm to January 1° at 5:30 when the regular schedule shall resume. In 2027 and odd years, the children shall be with Father from release of school at the start of break to Christmas Day at 3:00 p.m. and with Mother from Christmas Day at 3:00 p.m. to January 1* at 5:30 when the regular schedule shall resume.

Collateral Issues

16. The parents shall participate in co-parent counseling with an agreed-upon therapist.

a. Ifthe parties are unable to agree on a co-parent counselor, they shall each provide the names of up to 3 co-parent counselors agreeable to that parent and who are readily available by 6/5/2026, and the Court will designate and appoint the co-parent counselor.

17. Except in emergencies, the parents shall use Our Family Wizard (“OFW”) to communicate, unless another method is agreed upon. Each parent shall check OFW daily and reply to any OFW communications within 24 hours. In case of emergencies, communications should be made by phone.

18. If either parent is unable to care for the children overnight during their custodial time, they shall give the other parent the right of first refusal to care for the children.

19. Neither parent shall make any disparaging comments about the other parent in the presence of the children or allow others to do so.

20. The children shall be exposed to peaceful contact only between the parents.

21. Neither parent shall use the children as a messenger for their communication.

22. This matter is set for review hearing on custody/visitation on 11/20/2026 at 9:00 am in Department E. The parties are re-referred to Family Court Services for an updated Report & Recommendation for the 11/20/2026 hearing.

Tax Obligation

Father requests an order that the 2025 community tax obligation be paid from community funds and identifies several sources for payment. Father contends Mother has unreasonably rejected his proposal, in breach of her fiduciary duties to the him and to the community, per Family Code §§ 271 and 1101. Mother stated her opposition to Father’s request and the basis for her concerns in filed a Responsive Declaration In her Responsive Declaration to the initial Ex Parte Request filed a Responsive Declaration filed 4/7/2027, a Supplemental Declaration filed 4/7/2026. Mother contends that she has not unreasonably denied Father’s request to pay the tax liability but has been given conflicting information regarding both the amount of community’s 2025 income and the amount of the 2/2025 community tax obligation. In addition, she has not been given a copy of the proposed 2025 state and federal returns and is not satisfied with the sources of payment proposed by Father. Although Mother’s Responsive Declaration suggests a different proposal in the accompanying Memorandum of Points and Authorities, no such Points and Authorities were filed with the Court (as the Courtroom Clerk confirmed with Mother’s counsel).

Given the diametrically opposed scenarios presented by the parties, the Court finds it has insufficient information on which to make an order on this issue. Therefore,

23. Father’s request for an order for payment of the 2025 tax obligations out of community funds designated by Father is denied, without prejudice.

Vocational Evaluation/Gavron Warning

24. Mother is ordered to undergo a vocational evaluation, to be commenced within the next 30 days with the vocational evaluator of her choice. All fees and costs for the vocational evaluation shall be paid by Father.

25. Mother is advised that it is the goal of the State of California that each party must make reasonable good-faith efforts to become self-supporting as provided in Family Code § 4320. Failure to make reasonable good-faith efforts may be one of the factors considered by the court as a basis for modifying or terminating support. See, e.g., In re Marriage of Gavron (1988) 203 Cal.App.3d 705.

Family-Centered Case Resolution

The Court already has measures in place that satisfy the requirements for a family-centered case resolution process, including case progress conferences, status conferences, bench bar settlement conferences, and when deemed appropriate interdisciplinary settlement conferences and judicial settlement conferences.

Sanctions

26. The Court reserves jurisdiction over, and defers rulings on, all requests for sanctions and breach of fiduciary duty.

SO ORDERED.

The Court will 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 self- represented, 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.