Macinnah Vidmar v. Sheldon Wilson

LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 August 27, 2026 8:30 AM/1:30 PM

16. MACINNAH VIDMAR V. SHELDON WILSON 26FL0408

Respondent filed a Request for Order (RFO) on May 27, 2026, seeking child custody and support orders. Respondent did not file an Income and Expense Declaration. The parties were referred to Child Custody Recommending Counseling (CCRC) for an appointment on July 16, 2026, with a review hearing on August 27th. There is no Proof of Service showing Petitioner was properly served.

Both parties appeared at CCRC and reached a full agreement. A report with the parties’ agreement was prepared on July 16, 2026, and mailed to the parties the same day.

The court finds good cause to proceed with the custody portion of RFO only. The court finds the parties’ agreement to be in the best interests of the minors. The court adopts the agreement as set forth in the July 16th CCRC report as its order.

The court drops the request for child support from calendar. First, Respondent did not properly serve Petitioner. Second, Respondent failed to file an Income and Expense Declaration. “For all hearings involving child, spousal, or domestic partner support, both parties must complete, file, and serve a current Income and Expense Declaration.” Cal. Rule Ct. 5.260(1); See also Cal. Fam. Code §2100. The party requesting support shall file and serve their Income and Expense Declaration with the initial moving papers. El Dorado Sup. Ct. Rule 8.03.01. Last, the parties continue to cohabitate, and therefore, a support order is not appropriate at this time.

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 #16: THE COURT FINDS GOOD CAUSE TO PROCEED WITH THE CUSTODY PORTION OF RFO ONLY. THE COURT FINDS THE PARTIES’ AGREEMENT TO BE IN THE BEST INTERESTS OF THE MINORS. THE COURT ADOPTS THE AGREEMENT AS SET FORTH IN THE JULY 16TH CCRC REPORT AS ITS ORDER.

THE COURT DROPS THE REQUEST FOR CHILD SUPPORT FROM CALENDAR. FIRST, RESPONDENT DID NOT PROPERLY SERVE PETITIONER. SECOND, RESPONDENT FAILED TO FILE AN INCOME AND EXPENSE DECLARATION. “FOR ALL HEARINGS INVOLVING CHILD, SPOUSAL, OR DOMESTIC PARTNER SUPPORT, BOTH PARTIES MUST COMPLETE, FILE, AND SERVE A CURRENT INCOME AND EXPENSE DECLARATION.” CAL. RULE CT. 5.260(1); SEE ALSO CAL. FAM. CODE §2100. THE PARTY REQUESTING

LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 August 27, 2026 8:30 AM/1:30 PM

SUPPORT SHALL FILE AND SERVE THEIR INCOME AND EXPENSE DECLARATION WITH THE INITIAL MOVING PAPERS. EL DORADO SUP. CT. RULE 8.03.01. LAST, THE PARTIES CONTINUE TO COHABITATE, AND THEREFORE, A SUPPORT ORDER IS NOT APPROPRIATE AT THIS TIME.

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.

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