Request for Order – Child Custody/Visitation
Michael McFadden (Father), through his attorney, filed a Request for Order on March 5, 2026, seeking: (1) joint legal and physical custody; (2) unsupervised visitation or a defined stepup plan taking into account the children’s wishes, (3) make-up visitation for missed visits caused by interference, (4) “structural safeguards” including a defined visitation schedule, monitored exchanges, and use of a co-parenting app., and (5) sanctions under Family Code §3028 due to interference with visitation.
The Court has issued detailed orders in this action relating to child custody and visitation, including (1) the Restraining Order After Hearing (DV-130) dated November 21, 2025, and (2) the Order regarding Child Custody/Visitation dated November 20, 2025. Together, these orders set out a detailed framework for how Father can move from supervised child visits to unsupervised visits and expand his time with the minor children, Nasir James (DOB 1-23-2012) and Ny’eem James (DOB 7-24-2013).
Specifically, this Court advised Father that “Father must show that he can successfully participate in supervised visits without issues before the Court expands the visits or makes them any less restrictive.” (Order re Child Custody/Visitation, Attachment at 2; DV-130 Attachment at 1 (emphasis in original).) Further, this Court ordered that before supervised visits were to resume, Father was to complete an in-person anger management course. (DV-130, Attachment at 2.) In addition, Father was directed to be in therapy with a licensed mental health professional to address his issues with anger. And Father was to submit progress reports relating to his treatment with any future requests for a resumption of supervised visitation.
Father’s Request for Order does not include any of these materials.
FL2101558
Father’s Request for Order is DENIED. The Fist Amended Domestic Violence Restraining Order is set to expire June 19, 2026. The conditions relating to custody and visitation set out in the Restraining Order After Hearing (DV-130) dated November 21, 2025, and the Order regarding Child Custody/Visitation dated November 20, 2025, remain in effect.
As authorized by CRC Rule 5.125, the Court shall 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.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
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.
FURTHER ORDERED that the parties are responsible for ensuring that they have a good connection and that they are available for the hearing. If the connection is inadequate, the Court may proceed with the hearing in the party’s absence.