| Case | County / Judge | Motion | Ruling | Date |
|---|
RFO for custody and visitation
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 30, 2026 8:30 AM/1:30 PM
6. MACHAELA MELROSE V. SHAWN SANTELIO 23FL1121
On January 29, 2026, Respondent filed a Request for Order (RFO) seeking custody and visitation orders. He filed his Income and Expense Declaration concurrently therewith. All required documents, with the exception of a blank FL-320, were served on January 29th.
The parties attended Child Custody Recommending Counseling (CCRC) on March 5, 2026 and were able to reach agreements on all issues. A report codifying those agreements was prepared on March 5th and served on the parties on March 6th.
Petitioner filed and served her Responsive Declaration to Request for Order on April 17th.
Respondent is requesting a week on/week off schedule and he asks that Petitioner not have any phone calls with the child during his parenting time. He further asks that the child not attend daycare during his parenting time.
Petitioner asks the court not to adopt the agreements contained in the CCRC report. She states that a portion of the agreements were never discussed. She asks that the parties be re-referred to CCRC. Alternatively, she asks the court to award her primary physical custody and order visits for Respondent to occur every other weekend.
While Petitioner maintains that the agreements contained in the CCRC report were not, in fact, agreed upon, the court has reviewed them and does find them to be in the best interests of the minor. As such, the provisions of the March 5, 2026 CCRC report identified as agreements are hereby adopted as the orders of the court.
Respondent is directed to prepare the Findings and Orders After Hearing (FOAH); however, this order is effective immediately upon the court’s adoption of the tentative ruling and is not conditioned on the preparation of the FOAH.
TENTATIVE RULING #6: WHILE PETITIONER MAINTAINS THAT THE AGREEMENTS CONTAINED IN THE CCRC REPORT WERE NOT, IN FACT, AGREED UPON, THE COURT HAS REVIEWED THEM AND DOES FIND THEM TO BE IN THE BEST INTERESTS OF THE MINOR. AS SUCH, THE PROVISIONS OF THE MARCH 5, 2026 CCRC REPORT IDENTIFIED AS AGREEMENTS ARE HEREBY ADOPTED AS THE ORDERS OF THE COURT.
RESPONDENT IS DIRECTED TO PREPARE THE FINDINGS AND ORDERS AFTER HEARING (FOAH); HOWEVER, THIS ORDER IS EFFECTIVE IMMEDIATELY UPON THE
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 30, 2026 8:30 AM/1:30 PM
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NO HEARING ON THIS MATTER WILL BE HELD UNLESS A REQUEST FOR ORAL ARGUMENT IS TRANSMITTED ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY PHONE CALL TO THE COURT AT (530) 621-6725 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07; SEE ALSO LEWIS V. SUPERIOR COURT, 19 CAL.4TH 1232, 1247 (1999). NOTICE TO ALL PARTIES OF A REQUEST FOR ORAL ARGUMENT AND THE GROUNDS UPON WHICH ARGUMENT IS BEING REQUESTED MUST BE MADE BY PHONE CALL OR IN PERSON BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07.