Placer — Statement of Issues and Contentions - Custody and Visitation

Source: https://www.placer.courts.ca.gov/sites/default/files/pl-fl033-statement-issues-and-contentions_custody-and-visitation-eff-dec-3-2021-final.pdf

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF PLACER

ATTORNEY OR PARTY WITHOUT ATTORNEY FOR COURT USE ONLY (Name, State Bar Number, and Address):

TELEPHONE NO.: FAX NO.: EMAIL ADDRESS: SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER 10820 Justice Center Drive 2501 N. Lake Blvd. P.O. Box 619072 P.O. Box 5669 Roseville, CA 95661-9072 Tahoe City, CA 96145 PETITIONER:

RESPONDENT:
STATEMENT OF ISSUES AND CONTENTIONS FOR CASE NUMBER:
CUSTODY AND VISITATION
Mandatory Settlement Conference _____________________ at ____________ A.M. P.M. in Department _____

MEET AND CONFER (To “meet and confer” means that one party communicated with the other party or their attorney to see if an agreement can be reached or if the issues can be narrowed for trial). Date and Time of the meet and confer: How did you meet and confer? In person Telephone Letter Electronic Communication/Email Who met and conferred? Petitioner Respondent Attorney for Petitioner Respondent There was no meet and confer: (state reason)

RESOLVED OR NON-ISSUES ISSUES FOR TRIAL Legal Custody Legal Custody Physical Custody Physical Custody Visitation Visitation School Issue School Issue Move Away / Relocation Move Away / Relocation Other ________________________ Other ______________________

Form Adopted for Optional Use www.placer.courts.ca.gov Superior Court of California, County of Placer Page 1 of 8 Form No. PL-FL033 Effective 12-03-2021

AGREEMENTS: Are there any agreements (statistical facts, agreements to legal custody, etc.)? Yes No If Yes, please write the agreements below:

---

---

---

☐Additional pages attached.

STATISTICAL FACTS FOR MINOR CHILDREN Information about additional children attached. Name Date of Birth Age Gender

☐Male Female Non-Binary ☐ ☐

☐Male Female Non-Binary ☐ ☐

☐Male Female Non-Binary ☐ ☐

☐Male Female Non-Binary ☐ ☐

If the children attend school, state below which school they attend, and their current grade. (Writing the answer does NOT mean you agree with the current school).

---

---

---

---

State any special needs or unique characteristics related to the children and/or factual information that is important for the settlement conference officer and/or judicial officer to know.

---

---

---

---

Form Adopted for Optional Use www.placer.courts.ca.gov Superior Court of California, County of Placer Page 2 of 8 Form No. PL-FL033 Effective 12-03-2021

What is the current visitation schedule? If the current schedule is reflected in an order of the court you may attach the current order. (Writing the answer does NOT mean you agree with the current visitation schedule).

---

---

---

☐Additional pages attached.

How long has the current visitation schedule been in place? (Writing the answer does NOT mean you agree with the current visitation schedule).

---

---

---

☐Additional pages attached.

How do the parents communicate or talk to each other about child related issues? ☐Talking Parents App ☐Our Family Wizard App

☐Other (specify): ____________________________________________________________________________________

---

☐Additional pages attached.

Do either of the parents have or previously had a domestic violence restraining order against the other parent? Yes No If Yes, please include the case number if it is different than this case and, if the order is from a County in California other than Placer County or from another State, please include a copy of the order:

---

---

---

☐Additional pages attached.

Do either of the parents have or previously had issues with alcohol or substance (drug) abuse? Yes No If Yes, please explain:

---

---

---

☐Additional pages attached.

Form Adopted for Optional Use www.placer.courts.ca.gov Superior Court of California, County of Placer Page 3 of 8 Form No. PL-FL033 Effective 12-03-2021

ISSUES WHERE THERE ARE NO AGREEMENTS: • Issues where there are no agreements (Check the box next to the issue where there is not an agreement and briefly state the order you would like the court to make and the reason why you think the order should be made.) • Applicable Statutes or Case Law (If you want to support your request by citing law, you may file a separate Points and Authorities pleading.) • Supporting Exhibits (Attach a list of the proposed exhibits on which you intend to rely with a brief description of each; Please do NOT attach the actual exhibits.)

• Witness List. (Attach a list of witnesses you plan to call to testify at trial and briefly describe the testimony of each).

I am asking the court to make these orders:

1. ☐ Joint Legal Custody 2. ☐ Sole Legal Custody to ______________________

2. ☐ Joint Physical Custody 4. ☐ Sole Physical Custody to ______________________

3. ☐ Petitioner’s parenting time:

---

---

---

6. ☐ Respondent’s parenting time:

---

---

---

7. ☐ The exchange of the children:

---

---

---

8. ☐ School Orders:

---

---

---

9. ☐ Move Away/ Relocation Orders:

---

---

---

Form Adopted for Optional Use www.placer.courts.ca.gov Superior Court of California, County of Placer Page 4 of 8 Form No. PL-FL033 Effective 12-03-2021

10. ☐ Vacation Schedule Orders:

    Time (from when to when) Every Year Even Years Odd Years
    (Unless otherwise noted, all Petitioner / Petitioner / Petitioner /
    single-day holidays Respondent Respondent Respondent

Holiday start at _________a.m. and end at _________ pm.) Easter Sunday Spring Break, first half Spring Break, second half Mother’s Day Father’s Day July 4th Thanksgiving Day Thanksgiving weekend Winter Break, first half Winter Break, second half Child’s birthday Christmas Eve Christmas Day Breaks for year-round schools Summer Break Other (specify):

Any three-day weekend not listed above will be spent with the parent who would normally have the child that weekend. Other (specify):

Vacations: The petitioner respondent may have the child/children for a vacation of up to (specify number): _______ days weeks per year.

Each parent shall notify the other parent in writing of their vacation plans a minimum of (specify number):______ days in advance and provide the other parent with a basic itinerary that includes dates of leaving and returning, destinations, flight information, and telephone numbers for emergency purposes.

The other parent has (specify number):_______ days to respond if there is a problem with the schedule.
The vacation may be outside California.
Any vacation outside California the United States requires prior written consent of the other parent or a court
order.
Other (specify):

Form Adopted for Optional Use www.placer.courts.ca.gov Superior Court of California, County of Placer Page 5 of 8 Form No. PL-FL033 Effective 12-03-2021

10. ☐ Communication orders:

☐The parents will use the following to communicate or talk about all child related issues:

☐Talking Parents App ☐My Family Wizard App ☐Other:______________________________

☐The cost for the app will be paid: ☐ Equally 50/50 ☐ by Petitioner ☐ by Respondent ☐ Other: _____________

11. ☐ Additional orders:

☐Each parent will offer the other the first right of refusal to be with the children if away from the home for more than __________hours.

☐Each parent will give as much notice as possible to the other parent if a change in the schedule is to occur (other than emergencies i.e., accident).

☐Each parent will provide the other with a current address and telephone number at all times.

☐Parents will provide a consistent, safe, hazard free, alcohol and drug free environment. Neither party shall be under the influence of alcohol or non-prescription drugs while child is in their care.

☐If minor children are to be transported out of the State of California for more than 24 hours; each party must provide the other with prior notice to include dates, location of travel, and telephone numbers.

☐Parties agree that they will provide each other a 45-day prior written notice of a change of address. This does not permit either party to relocate the children to another county without a mutual agreement or a court order.

☐All transportation for the exchange of the children shall be shared equally subject to a valid Driver’s License, insurance, and proper car seats. Each parent agrees that the children is/are to be transported only by a properly licensed and insured driver in an insured vehicle with a proper, federally approved child restraint system.

☐Both parents may take an active role in child’s education, and attend school conferences or parent-teacher meetings separately or together.

☐Either parent may return to mediation upon court order if circumstances change and/or this agreement reflects that it is not in the best interest of the children, and the parties cannot resolve the issues between themselves.

☐Other: __________________________________________________________________________________________________ __________________________________________________________________________________________________ ☐Additional pages attached Date: _____________________

---

Type or Print Name Signature of ☐ Attorney for ☐ Petitioner ☐ Respondent

Form Adopted for Optional Use www.placer.courts.ca.gov Superior Court of California, County of Placer Page 6 of 8 Form No. PL-FL033 Effective 12-03-2021

PROPOSED EXHIBITS • Exhibits will be marked by the clerk of the court when the trial starts. Each exhibit will be assigned a number. • You must include a brief description of the exhibit, the issue it applies to, and its purpose (see example). • You must provide the opposing party or attorney copies before trial. • Do not file your exhibits, bring them to court on the first day of trial.

EXHIBIT NAME/DESCRIPTION APPLICABLE ISSUE PURPOSE Example Child’s attendance report from school Visitation To show child arrives to school 1 on time.

Additional pages attached.

Form Adopted for Optional Use www.placer.courts.ca.gov Superior Court of California, County of Placer Page 7 of 8 Form No. PL-FL033 Effective 12-03-2021

PROPOSED WITNESSES

• You must provide the list of witnesses to the opposing party or opposing attorney before trial.

TOPIC OF TESTIMONY NAME

Additional pages attached.

Form Adopted for Optional Use www.placer.courts.ca.gov Superior Court of California, County of Placer Page 8 of 8 Form No. PL-FL033 Effective 12-03-2021