Esther Kakema v. Frank Vilches

1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4

5) 6 ESTHER KAKEMA,) Case Number: FMS-11-386201) 7 Petitioner) Hearing Date: April 14, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 FRANK VILCHES,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 OTHER REVIEW HEARING 13 TENTATIVE RULING 14 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 15 Court makes the following findings and orders: 16 A. Procedural History 17 1) Petitioner Esther Kakema (Mother) and Respondent Frank Vilches (Father) have one minor child 18 together, Elianna (DOB 4/17/2010, age 15). Father has had sole legal and sole physical custody of 19 Elianna since at least 2016. (See Findings and Order After Hearing filed 2/8/2016.) 20 2) On 6/26/2025, after a Tier II interview of Elianna was conducted, the Court suspended Mother’s 21 visits based on Elianna’s wishes and ordered therapy for Elianna. The Court ordered Father to tell 22 Elianna that she can reach out to Mother at any time and resume visits if she would like to do so. 23 The Court also ordered that Mother may have text or phone communication with Elianna. The 24 Court ordered a follow-up Tier II interview of Elianna and of her therapist to take place in March 25 2026, after Elianna has had a chance to engage in therapy for some time. The Court set a review 26 hearing for 4/14/2026. 27 3) A follow up Tier II report was prepared on 3/25/2026. During her interview, Elianna again 28 expressed her wishes to not see or have contact with Mother. Elianna stated she is doing well in 29 her home and at school, enjoys spending time with Father and her grandmother, and is in therapy.

1 4) On 4/9/2026, Father filed an update declaration in which he states that since June 2025, Mother 2 has texted Elianna only 6 times, 2 of which were an online video and an Instagram video with no 3 message. The other 4 messages were “one liner” messages “with a hello I miss you or love you.” 4 He attaches copies of the text messages to his declaration. Father states he has reached out to 5 Mother by mail, email, and text message to see if she would be able to join a therapist meeting to 6 discuss Elianna’s wellbeing. Father states he recently emailed Mother but that the emails were 7 undeliverable. The last text message from Mother was on 1/24/2026. Father states Elianna is 8 seeing a therapist and is doing well. 9 B. Findings and Orders 10 1) This Court has jurisdiction to make child custody orders in this case under the Uniform Child 11 Custody Jurisdiction and Enforcement Act. A violation of this order may subject the party in 12 violation to civil or criminal penalties, or both. The country of habitual residence of the minor 13 child is the United States. 14 2) The Court finds it is in Elianna's best interest to maintain the current order for sole legal and sole 15 physical custody to Father, with no visitation for Mother. Elianna may reach out to Mother at any 16 time if she wishes to do so and is free to have phone calls or video calls with her, or to see her in 17 person. If Mother reaches out to Father to have contact with Elianna, Father shall work with 18 Elianna to schedule any contact with Mother if Elianna wishes to do so. 19 3) All other orders not in conflict with these orders remain in full force and effect. If either party 20 seeks any changes to the custody and parenting time orders and the parties are unable to reach an 21 agreement, they may file a new request for order with the Court. 22 4) The Court will prepare the Findings and Order After Hearing. 23