Barry v. Barry

This matter is on calendar for compliance review following an April 30, 2026, hearing regarding the parties’ daughter Maggie (DOB: 10/18/2012).

On April 30, 2026, the Cout awarded joint legal custody to the parties and sole physical custody to Petitioner/Mother. Mother was ordered, within 30 days, to provide Respondent/Father with documents from Maggie’s doctors containing their recommendation that Maggie attend hospitalat-home online schooling, and, by June 26, 2026, an update regarding Maggie’s school attendance from January l, 2026, through the end of the academic semester. The parties were ordered to continue to work in joint therapy with a reunification therapist. Father was ordered to take a parenting class. Finally, the Court ordered that Maggie be seen by a dentist by June 26, 2026.

Mother filed a CPC questionnaire on June 26, 2026, stating that the parties are working on a global settlement. Mother filed a supplemental declaration providing an update on June 30, 2026.

Mother’s supplemental declaration states: (1) Maggie has been diagnosed with dysautonomia, a disorder affecting the regulation of her autoimmune nervous system; (2) Maggie is enrolled at California Virtual Academies, an online public school; and (3) during the 2025-26 school year Maggie was enrolled for 180 days, was present for 156 days, and absent 24 days. Mother provided no information relating to dental care.

Mother requests that Maggie remain in Mother’s primary physical custody as set forth in this Court’s April 30, 2026, Order.

Parties are ordered to appear to address the provisions of the April 30, 2026, Order that have not been addressed in the filings of the parties (e.g., paragraphs 3, 5, 6, and 7).

Counsel for Mother to prepare the Findings and Order After Hearing.

Parties must comply with Marin County Superior Court Local Rules, Rule 7.12(B), (C), which provide that if a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e., it is not necessary to speak with counsel or parties directly.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. In the event no party requests oral argument in accordance with Rule 7.12(C), the tentative ruling shall become the order of the court.

IT IS ORDERED that evidentiary hearings shall be in-person in Department B. For routine appearances, the parties may access Department B for video conference via a link on the court website. Litigants in the virtual courtroom are required to leave the video screen on and wait for your case to be called.