Santa Barbara — SC-6040

Source: https://www.santabarbara.courts.ca.gov/system/files/forms-and-filings/sc-6040.pdf

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ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME, STATE BAR NUMBER AND ADDRESS): FOR COURT USE ONLY

EMAIL ADDRESS (Optional): TELEPHONE NO.:

ATTORNEY FOR (NAME): FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

GUARDIANSHIP OF:

HEARING DATE: TIME: DEPARTMENT:

CASE NUMBER:

VISITATION ORDER

1. The petition was heard as follows (check boxes c and d to indicate personal presence): a. Judge (name): b. Hearing date: Time: Dept: c. Petitioner(s) (name): d. Attorney for Petitioner (name):

THE COURT FINDS:

2. Notice a. All notices have been given as required by law. b. Notice of hearing has been should be dispensed with (names):

3. Visitation by the petitioner(s) is not in the best interest of the minor.

   Visitation by the petitioner(s) is in the best interest of the minor, subject to the following

   limitations:

Optional Form SC-6040 [Adopted 1/1/2013] ORDER RE VISITATION Probate Code § 2350, 2351, 2102 (GUARDIANSHIP)

GUARDIANSHIP OF: CASE NUMBER:

THE COURT ORDERS:

4. Parties are ordered to attend mediation at Family Custody Services to determine a
visitation schedule. See Attachment 4 for Information Regarding Your Mediation Appointment.

a. Mediation date:

Date: Time:

b. Parties are ordered to appear in Court for a review hearing:

Date: Time: Dept:

5. Parties are ordered to follow the attached visitation schedule. (See Attachment 5.)

6. Other (specify):

Date: ______________________________________ Judge of the Superior Court

Optional Form SC-6040 [Adopted 1/1/2013] ORDER RE VISITATION Probate Code § 2350, 2351, 2102 (GUARDIANSHIP)

GUARDIANSHIP OF: CASE NUMBER:

Attachment 4

Information Regarding Your Mediation Appointment

Your Mediation Appointment is scheduled for:

Mediation on ____________________ at _____________a.m./p.m.

The following persons in this guardianship case are ordered to attend:

Name Relationship to Minor(s)

The Mediation Office is located at 312 E. Cook Street (new building, second floor) in Santa

Maria, California. The telephone number is (805) 614-6429. Please do not arrive late to your mediation appointment. Your mediation appointment may last for up to two hours. Please plan your schedule accordingly. The Court could impose fines for not attending mediation.

During your appointment, your mediator can help the parties resolve visitation issues that arise

during a guardianship. During mediation, visitation is arranged if the guardian(s) and the party requesting visitation come to an agreement.

IMPORTANT NOTES: • The Court requires that both the guardian and the party requesting visitation attend a class called Parent Education and Co-Parenting Effectively (P.E.A.C.E.) where the mediation process will be explained. The P.E.A.C.E. class is offered every Thursday from 2 p.m. to 4 p.m. The class is held in Building “F”, 312 East Cook Street, Santa Maria, California. Please be punctual. It is not necessary to register before attending the class. For more information, please call (805) 614-6695. YOU MUST ATTEND THIS CLASS PRIOR TO YOUR MEDIATION APPOINTMENT! • Children OVER 6 years of age must attend mediation with the guardian(s), as the mediator will likely interview them. Please bring someone to watch them while the guardian(s) and party requesting visitation are together in mediation. Please DO NOT bring children younger than 6 years of age. • Please do not bring significant others to the mediation appointment.

For more information, call the Mediation Office at (805) 614-6429.

Optional Form SC-6040 [Adopted 1/1/2013] ORDER RE VISITATION Probate Code § 2350, 2351, 2102 (GUARDIANSHIP)

GUARDIANSHIP OF: CASE NUMBER:

Attachment 5 Visitation Schedule

1. (Name) ________________________________ is granted visitation with (name of

   minor(s))___________________________________ as set forth in this schedule.

2. Weekends starting (date):________________________________

   (The first weekend of the month is the first weekend with a Saturday.)

   1st 2nd 3rd 4th 5th weekend of every month

   from ________________________ at _______________ a.m. p.m. (day of week) (time)

   to ________________________ at _______________ a.m. p.m. (day of week) (time) The parties will alternate the fifth weekends, with the party with visitation guardian having the initial fifth weekend, which starts (date): ________________________.

3. Alternate weekends starting (date): _____________________________

   from ________________________ at _______________ a.m. p.m. (day of week) (time) to ________________________ at _______________ a.m. p.m. (day of week) (time)

4. Weekdays starting (date): _________________________________

   from ________________________ at _______________ a.m. p.m. (day of week) (time)

   to ________________________ at _______________ a.m. p.m.

   (day of week) (time)

Optional Form SC-6040 [Adopted 1/1/2013] ORDER RE VISITATION Probate Code § 2350, 2351, 2102 (GUARDIANSHIP)

GUARDIANSHIP OF: CASE NUMBER:

5. Other (specify days and times as well as any additional restrictions):

   ---

   ---

   ---

   ---

6. Until further order of the court (date) __________________, the party with visitation

   will have supervised visitation with the minor(s) according to the Supervised Visitation Attachment.

7. Transportation for visitation:

   a. Transportation to the visits will be provided by the party with visitation
   guardian other (specify): _________________________________________.

   b. Drop-off of the children will be at (address):___________________________________.

   c. Pick-up of the children will be at (address):___________________________________.

   d. The children will be driven only be a licensed and insured driver. The car or truck
   must have legal child restraint devices.

   e. During the exchanges, the party driving the children will wait in the car and the other
   party will wait in his or her home while the children go between the car and the home.

   f. Other(specify):

   ---

   ---

   ---

8. Travel with children. The party with visitation must have written permission from the guardian

   or a Court Order to take the children out of the State of California Santa Barbara County.

9. Holiday Schedule. See Children’s Holiday Schedule Attachment.

Optional Form SC-6040 [Adopted 1/1/2013] ORDER RE VISITATION Probate Code § 2350, 2351, 2102 (GUARDIANSHIP)

GUARDIANSHIP OF: CASE NUMBER:

CHILDREN’S HOLIDAY SCHEDULE ATTACHMENT

Holiday Visitation

The following table shows the holiday visitation schedules. Write “GD” (guardian) or “PV” (Party with visitation) to specify parties years – odd, even, or both (“every year”)- and under “Time” specify the starting and ending days and times.

Holiday Time (from when to when) Every Year Even Years Odd Years (Unless otherwise noted, all Guardian/Party with Guardian/Party Guardian/Party single day holidays start at visitation with visitation with visitation _____ a.m. and end at ______p.m.) January 1 (New Years Day) Martin Luther King’s Birthday (weekend) Lincoln’s Birthday President’s Day (weekend) Spring Break, first half Spring Break, second half Mother’s Day Memorial Day (weekend) Father’s Day July 4th Labor Day (weekend) Columbus Day (weekend) Halloween Veteran’s Day (weekend) Thanksgiving Day Thanksgiving weekend Winter Break, first half Winter Break, second half New Year’s Eve Child’s Birthday Mother’s Birthday Father’s Birthday Breaks for year-round schools Summer Break, first half Summer Break, second half Other (specify): Any three-day weekend not specified above will be spent with the party who would normally have that weekend.

Optional Form SC-6040 [Adopted 1/1/2013] ORDER RE VISITATION Probate Code § 2350, 2351, 2102 (GUARDIANSHIP)

GUARDIANSHIP OF: CASE NUMBER:

SUPERVISED VISITATION ATTACHMENT

1. Evidence has been presented in support of a request that the contact of Father Mother Former guardian (name): be supervised based upon allegations of:

   abduction of child(ren) sexual abuse
   physical abuse domestic violence
   drug abuse alcohol abuse
   neglect other (specify):

   The Father Mother Former guardian disputes these allegations and the court reserves the findings on these issues pending further investigation and hearing or trial.

2. The court finds, under Family Code Section § 3100, that the best interest of the child(ren) requires that visitation by the Father Mother Former guardian must, until further order of the court, be limited to contact supervised by the person(s) set forth in item 6 below pending further investigation and hearing or trial.

THE COURT MAKES THE FOLLOWING ORDERS

3. CHILD(REN) TO BE SUPERVISED

   Child’s Name Birth Date Age Sex a. Supervised visitation b. Supervised exchange only Therapeutic visitation a. Professional (individual provider or supervised visitation center) b. Nonprofessional

4. AUTHORIZED SUPERVISED VISITATION PROVIDER

Name: Address: Telephone Number:

Any other mutually agreed-upon third party as arranged.

GUARDIANSHIP OF: CASE NUMBER:

7. DURATION AND FREQUENCY OF VISITS (see Attachment 5, Visitation Schedule for specifics of visitation) Guardian: ______ % Person with Visitation ________%
8. PAYMENT RESPONSIBILITY
9. Party with visitation will contact professional provider or supervised visitation center no later

than (date):

10.THE COURT FURTHER ORDERS:

Date: Judge of the Superior Court

Optional Form SC-6040 [Adopted 1/1/2013] ORDER RE VISITATION Probate Code § 2350, 2351, 2102 (GUARDIANSHIP) CLEAR FIELDS PRINT FORM