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Contract analysis / stipulated-custody-parenting-plan-agreement.docx
stipulated-custody-parenting-plan-agreement.docx
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ARTICLE I — DEFINITIONS
ARTICLE I — DEFINITIONS As used in this Agreement, the following terms shall have the meanings set forth below:
Section 1.1 — "Agreement." "Agreement" means this Stipulated Custody and Parenting Plan Ag
Section 1.1 — "Agreement." "Agreement" means this Stipulated Custody and Parenting Plan Agreement, including all exhibits attached hereto and incorporated herein by reference, as the same may be amended, modified, or supplemented from time to time in accordance with the provisions hereof.
Section 1.2 — "Children." "Children" means Isabela Luz Fonseca-Medrano, born February 11,
Section 1.2 — "Children." "Children" means Isabela Luz Fonseca-Medrano, born February 11, 2017, and Mateo Elías Fonseca-Medrano, born August 29, 2019, collectively. References to a single "Child" shall mean either of the Children, as the context requires.
Section 1.3 — "Court." "Court" means the Superior Court of California, County of Los Angel
Section 1.3 — "Court." "Court" means the Superior Court of California, County of Los Angeles, Stanley Mosk Courthouse, or any successor court having jurisdiction over this matter.
Section 1.4 — "Case." "Case" means Case No. 22STFL09847, currently pending before the Cour
Section 1.4 — "Case." "Case" means Case No. 22STFL09847, currently pending before the Court.
Section 1.5 — "Child Support Agreement." "Child Support Agreement" means the separate Chil
Section 1.5 — "Child Support Agreement." "Child Support Agreement" means the separate Child Support Agreement between the Parties dated January 31, 2024, which is attached to and incorporated by reference into the Stipulation for Judgment to be filed contemporaneously with this Agreement.
Section 1.6 — "Exhibit A." "Exhibit A" means the Holiday and Vacation Schedule attached he
Section 1.6 — "Exhibit A." "Exhibit A" means the Holiday and Vacation Schedule attached hereto as Exhibit A and incorporated herein by reference.
Section 1.7 — "Exhibit B." "Exhibit B" means the Right of First Refusal and Travel Notice
Section 1.7 — "Exhibit B." "Exhibit B" means the Right of First Refusal and Travel Notice Protocol attached hereto as Exhibit B and incorporated herein by reference.
Section 1.8 — "Parenting Plan Coordinator" or "PPC." "Parenting Plan Coordinator" or "PPC"
Section 1.8 — "Parenting Plan Coordinator" or "PPC." "Parenting Plan Coordinator" or "PPC" means Dr. Marcus W. Ingalls, LMFT (California License No. LMFT 89412), of Ingalls & Cuevas Family Counseling, 10880 Wilshire Boulevard, Suite 630, Los Angeles, California 90024, or such replacement as may be appointed in accordance with Section 9.5 of this Agreement.
Section 1.9 — "Ridgeview Academy." "Ridgeview Academy" means Ridgeview Academy, a private
Section 1.9 — "Ridgeview Academy." "Ridgeview Academy" means Ridgeview Academy, a private educational institution located at 4515 Sepulveda Boulevard, Sherman Oaks, California 91403.
Section 1.10 — "School Year." "School Year" means the academic year as determined by Ridge
Section 1.10 — "School Year." "School Year" means the academic year as determined by Ridgeview Academy's published calendar for the applicable year, excluding the Summer Break period. For the avoidance of doubt, the School Year includes all school-day weeks, teacher in-service days, school holidays during the academic calendar, and any other periods falling outside the Summer Break.
Section 1.11 — "Summer Break." "Summer Break" means the approximately ten-week (70-day) su
Section 1.11 — "Summer Break." "Summer Break" means the approximately ten-week (70-day) summer break period as determined by Ridgeview Academy's published calendar for the applicable year, commencing on the day following the last day of the School Year and ending on the day before the first day of the new School Year.
Section 1.12 — "On-Location Work." "On-Location Work" means employment or work engagement
Section 1.12 — "On-Location Work." "On-Location Work" means employment or work engagement requiring a parent to travel away from the parent's primary residence in the Los Angeles metropolitan area for work purposes, such that the parent is unable to exercise custodial time with the Children from the parent's primary residence.
Section 2.1 — Joint Legal Custody. The Parties shall share joint legal custody of both Chi
Section 2.1 — Joint Legal Custody. The Parties shall share joint legal custody of both Children. Both Petitioner and Respondent shall have equal rights and responsibilities to make decisions relating to the health, education, and welfare of the Children, except as otherwise expressly provided in this Agreement. Joint legal custody, as used in this Agreement, shall have the meaning set forth in California Family Code
Section 2.2 — Educational Decision-Making Tie-Breaker. Notwithstanding the joint legal cus
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Section 2.2 — Educational Decision-Making Tie-Breaker. Notwithstanding the joint legal custody provisions of Section 2.1, in the event of a disagreement between the Parties concerning educational decisions — including, but not limited to, school enrollment, school transfers, applications to new schools, tutoring arrangements, special education services, individualized education plans (IEPs), Section 504 accommodation
Section 2.3 — Mutual Consultation Obligation. Both parents shall consult with each other i
Section 2.3 — Mutual Consultation Obligation. Both parents shall consult with each other in good faith before making any significant decisions regarding the Children's health, education, welfare, and extracurricular activities. This obligation includes, without limitation, decisions concerning the Children's participation in organized sports, camps, and enrichment programs; changes to the Children's healthcare provid
Section 2.4 — Healthcare Decisions. Routine medical, dental, and mental health decisions —
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⚑ Liability cap to check against exposure
Section 2.4 — Healthcare Decisions. Routine medical, dental, and mental health decisions — including, but not limited to, annual wellness visits, routine vaccinations consistent with the schedule recommended by the American Academy of Pediatrics, dental cleanings, and follow-up appointments for existing conditions — may be made by the parent who has physical custody of the Children at the time of the appointment, pro
Section 2.5 — Religious Upbringing. Neither parent shall make unilateral decisions regardi
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⚑ Liability cap to check against exposure
Section 2.5 — Religious Upbringing. Neither parent shall make unilateral decisions regarding the Children's religious upbringing, including but not limited to baptism, confirmation, religious enrollment or education, or regular attendance at religious services or instruction, without the prior written consent of the other parent. This provision is not intended to prevent either parent from exposing the Children, duri
ARTICLE III — PHYSICAL CUSTODY AND TIMESHARE
ARTICLE III — PHYSICAL CUSTODY AND TIMESHARE
Section 3.1 — Joint Physical Custody. The Parties shall share joint physical custody of bo
Section 3.1 — Joint Physical Custody. The Parties shall share joint physical custody of both Children, as defined in California Family Code Section 3004. The Children's primary residence shall be with Petitioner (Mother) at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California 91604. Respondent's (Father's) residence is located at 609 Moorpark Street, Apartment 12, North Hollywood, California 91602. The desi
Section 3.2 — School-Year Timeshare Schedule. During the School Year, the custody timeshar
Section 3.2 — School-Year Timeshare Schedule. During the School Year, the custody timeshare shall be approximately sixty-five percent (65%) with Petitioner and thirty-five percent (35%) with Respondent, implemented through the following weekly rotation: (a) Respondent's Alternating Weekends. Respondent shall have custody of the Children every other weekend, commencing on Friday at 5:00 p.m. (or upon school dismissal
Section 3.3 — Summer Schedule. During the Summer Break period of approximately ten (10) we
Section 3.3 — Summer Schedule. During the Summer Break period of approximately ten (10) weeks (approximately seventy (70) days), custody time shall be divided equally between the Parties, with each parent having thirty-five (35) overnights with the Children. The specific summer schedule shall be determined by mutual agreement of the Parties no later than April 1 of each calendar year. In the absence of mutual agreeme
Section 3.4 — Total Annual Overnights. Taking into account the School-Year timeshare set f
Section 3.4 — Total Annual Overnights. Taking into account the School-Year timeshare set forth in Section 3.2 and the Summer Break timeshare set forth in Section 3.3, the effective total annual overnights shall be approximately as follows: • Petitioner: approximately 232 overnights per year • Respondent: approximately 133 overnights per year The effective annual timeshare shall therefore be approximately sixty-three
Section 3.5 — Holiday and Vacation Schedule. Holidays and school vacations shall be alloca
Section 3.5 — Holiday and Vacation Schedule. Holidays and school vacations shall be allocated between the Parties according to the alternating even-year/odd-year schedule set forth in Exhibit A (Holiday and Vacation Schedule), which is attached hereto and incorporated herein by reference. The holidays covered by Exhibit A include, without limitation, the following: Thanksgiving (including the Wednesday evening before
Section 3.6 — Transitions and Transportation. The following provisions shall govern transi
Section 3.6 — Transitions and Transportation. The following provisions shall govern transitions and transportation of the Children between the Parties' respective residences: (a) School-Day Transitions. During the School Year, transitions between custodial periods shall occur at Ridgeview Academy. Specifically, the parent relinquishing custody shall drop the Children off at school in the morning, and the parent comme
Section 3.7 — Relocation. Neither parent shall relocate with the Children more than fifty
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⚑ Notice / time limit to track
Section 3.7 — Relocation. Neither parent shall relocate with the Children more than fifty (50) miles from the Children's current primary residence (1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California 91604) without the prior written consent of the other parent or a court order authorizing such relocation. Notice of any proposed relocation shall be provided to the other parent no fewer than sixty (60) calen
ARTICLE IV — HOLIDAY AND VACATION SCHEDULE
ARTICLE IV — HOLIDAY AND VACATION SCHEDULE
Section 4.1 — Exhibit A. The detailed Holiday and Vacation Schedule is set forth in Exhibi
Section 4.1 — Exhibit A. The detailed Holiday and Vacation Schedule is set forth in Exhibit A, which is attached hereto and incorporated herein by reference. The Parties have negotiated the holiday schedule with the assistance of their respective counsel and the Parenting Plan Coordinator, with the goal of ensuring that each Child spends meaningful time with both parents during holidays and school vacation periods.
Section 4.2 — Alternating Annual Schedule. The holiday schedule shall alternate on an annu
Section 4.2 — Alternating Annual Schedule. The holiday schedule shall alternate on an annual basis between even-numbered and odd-numbered years, as follows: (a) Even-Numbered Years (2024, 2026, etc.): Petitioner shall have custody of the Children for Thanksgiving (Wednesday evening through Sunday evening) and the first half of winter break (commencing on the last day of school before winter break at school dismissal
Section 4.3 — Mother's Day and Father's Day. Regardless of the regular weekly rotation or
Section 4.3 — Mother's Day and Father's Day. Regardless of the regular weekly rotation or the alternating annual holiday schedule, Petitioner (Mother) shall have custody of the Children on Mother's Day each year, and Respondent (Father) shall have custody of the Children on Father's Day each year. For purposes of this Section, Mother's Day custody shall commence on Saturday at 10:00 a.m. and continue through Sunday (
Section 4.4 — Children's Birthdays. The Children's birthdays (Isabela: February 11; Mateo:
Section 4.4 — Children's Birthdays. The Children's birthdays (Isabela: February 11; Mateo: August 29) shall alternate annually between the Parties in accordance with the even-year/odd-year schedule set forth in Exhibit A. In even-numbered years, Petitioner shall have custody of the Children on Isabela's birthday and Respondent shall have custody on Mateo's birthday. In odd-numbered years, the allocation shall reverse
Section 4.5 — Specific Start and End Times. Specific start and end times for each holiday
Section 4.5 — Specific Start and End Times. Specific start and end times for each holiday custodial period are set forth in Exhibit A. In the event of any ambiguity or conflict between the general descriptions in this Article IV and the specific provisions of Exhibit A, the provisions of Exhibit A shall control.
ARTICLE V — RIGHT OF FIRST REFUSAL AND TRAVEL NOTICE PROTOCOL
ARTICLE V — RIGHT OF FIRST REFUSAL AND TRAVEL NOTICE PROTOCOL
Section 5.1 — Right of First Refusal. If either parent will be unavailable to personally c
Section 5.1 — Right of First Refusal. If either parent will be unavailable to personally care for the Children for a period of more than eight (8) consecutive hours during that parent's scheduled custodial time (excluding regular school hours and the Children's normal sleeping hours, which are generally from 8:00 p.m. to 7:00 a.m.), that parent shall first offer the other parent the opportunity to care for the Childr
Section 5.2 — Travel Notice Protocol. The following provisions shall govern travel with th
Section 5.2 — Travel Notice Protocol. The following provisions shall govern travel with the Children: (a) International Travel. Neither parent shall take the Children outside the continental United States (including to Hawaii, Alaska, and any foreign country) without providing the other parent with no fewer than thirty (30) calendar days' advance written notice and obtaining the other parent's prior written consent.
Section 5.3 — Passports. Both parents shall cooperate in obtaining and renewing United Sta
Section 5.3 — Passports. Both parents shall cooperate in obtaining and renewing United States passports for the Children as needed. Both parents shall sign all necessary applications and provide all required documentation for the issuance or renewal of the Children's passports. When not in active use for approved travel, the Children's passports shall be held by Petitioner at her primary residence. Petitioner shall m
ARTICLE VI — ON-LOCATION WORK PROVISIONS
ARTICLE VI — ON-LOCATION WORK PROVISIONS
Section 6.1 — Respondent's On-Location Work. The Parties acknowledge that Respondent is em
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Section 6.1 — Respondent's On-Location Work. The Parties acknowledge that Respondent is employed as a freelance cinematographer and director of photography in the entertainment industry, and that such employment may from time to time require Respondent to travel away from the Los Angeles metropolitan area for extended periods to work on film and television productions. If Respondent accepts an On-Location Work engage
Section 6.2 — Petitioner's On-Location Work. The Parties acknowledge that Petitioner is em
Section 6.2 — Petitioner's On-Location Work. The Parties acknowledge that Petitioner is employed as Senior Vice President, Original Content Development at Luminos Entertainment Group, Inc., and that her employment may also require periodic travel. If Petitioner's employment requires travel away from the Los Angeles metropolitan area for more than fourteen (14) consecutive calendar days, her scheduled custodial time f
Section 6.3 — Impact on Child Support. Temporary transfers of custodial time under this Ar
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⚑ Commercial term
Section 6.3 — Impact on Child Support. Temporary transfers of custodial time under this Article VI shall not, standing alone, constitute a basis for modification of child support as set forth in the Child Support Agreement. The Parties acknowledge that the Child Support Agreement has been negotiated with full knowledge of the Parties' respective employment obligations and the likelihood of periodic On-Location Work,
Section 6.4 — Repeated or Extended Absences. If either parent's On-Location Work requires
Section 6.4 — Repeated or Extended Absences. If either parent's On-Location Work requires absences of more than fourteen (14) consecutive calendar days on three (3) or more occasions within any twelve (12) month period, either Party may request a comprehensive review of the parenting plan through the Parenting Plan Coordinator pursuant to Article IX. If the Parenting Plan Coordinator is unable to facilitate a resolut
ARTICLE VII — COMMUNICATION AND CO-PARENTING PROVISIONS
ARTICLE VII — COMMUNICATION AND CO-PARENTING PROVISIONS
Section 7.1 — Parental Communication. Both parents shall communicate with each other respe
Section 7.1 — Parental Communication. Both parents shall communicate with each other respectfully, civilly, and in good faith about all matters affecting the Children. Communications about scheduling, logistics, transitions, and day-to-day co-parenting matters shall be in writing — by email or through a mutually agreed co-parenting application (such as OurFamilyWizard, TalkingParents, or a comparable platform) — so a
Section 7.2 — Children's Communication with Non-Custodial Parent. Each parent shall facili
Section 7.2 — Children's Communication with Non-Custodial Parent. Each parent shall facilitate reasonable and regular telephone and/or video contact between the Children and the other parent during the custodial parent's parenting time. Such calls shall occur at reasonable hours, and in no event later than 8:00 p.m. Pacific Time, unless otherwise agreed by the Parties. The custodial parent shall ensure that the Child
Section 7.3 — Information Sharing. Each parent shall promptly share with the other parent
Section 7.3 — Information Sharing. Each parent shall promptly share with the other parent all school notices, newsletters, report cards, progress reports, parent-teacher conference schedules, invitations to school events, notifications of extracurricular activities, medical records, dental records, prescription information, and other significant information concerning the Children. Both parents are authorized and enc
Section 7.4 — Introduction of New Partners. Neither parent shall introduce a new romantic
Section 7.4 — Introduction of New Partners. Neither parent shall introduce a new romantic partner to the Children until the romantic relationship has been ongoing for a period of at least six (6) months, and only after providing the other parent with reasonable advance notice (no fewer than fourteen (14) calendar days before the planned introduction). The introduction shall be conducted in a manner that is age-approp
Section 8.1 — Current Enrollment. The Children shall continue to attend Ridgeview Academy,
Section 8.1 — Current Enrollment. The Children shall continue to attend Ridgeview Academy, located at 4515 Sepulveda Boulevard, Sherman Oaks, California 91403. As of the date of this Agreement, Isabela is enrolled in the elementary program (first grade) and Mateo is enrolled in the pre-kindergarten program. Both parents shall support the Children's education at Ridgeview Academy and shall cooperate with the school ad
Section 8.2 — Tuition Cost-Sharing. The current annual tuition for the Children's enrollme
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⚑ Commercial term
Section 8.2 — Tuition Cost-Sharing. The current annual tuition for the Children's enrollment at Ridgeview Academy is as follows: Isabela, Thirty-Two Thousand Four Hundred Dollars ($32,400.00) per year; Mateo, Twenty-Six Thousand Eight Hundred Dollars ($26,800.00) per year; for a combined annual tuition of Fifty-Nine Thousand Two Hundred Dollars ($59,200.00). Cost-sharing for Ridgeview Academy tuition is governed by t
Section 8.3 — Change of School. Any change in the Children's school enrollment — including
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⚑ Liability cap to check against exposure
Section 8.3 — Change of School. Any change in the Children's school enrollment — including but not limited to a withdrawal from Ridgeview Academy, enrollment in a different school, transfer between programs within Ridgeview Academy, or any decision to homeschool the Children — shall be subject to the joint legal custody provisions of Section 2.1 and shall require the mutual agreement of both Parties. In the event the
Section 8.4 — Extracurricular Activities. Both parents shall consult and cooperate regardi
Section 8.4 — Extracurricular Activities. Both parents shall consult and cooperate regarding the Children's extracurricular, enrichment, and recreational activities, including organized sports, music lessons, art programs, language instruction, and summer camps. Neither parent shall unilaterally enroll either Child in an extracurricular activity that would materially interfere with the other parent's custodial time w
ARTICLE IX — PARENTING PLAN COORDINATOR
ARTICLE IX — PARENTING PLAN COORDINATOR
Section 9.1 — Appointment. The Parties hereby jointly appoint Dr. Marcus W. Ingalls, LMFT
Section 9.1 — Appointment. The Parties hereby jointly appoint Dr. Marcus W. Ingalls, LMFT (California License No. LMFT 89412), of Ingalls & Cuevas Family Counseling, located at 10880 Wilshire Boulevard, Suite 630, Los Angeles, California 90024, as the Parenting Plan Coordinator ("PPC") for purposes of this Agreement. Dr. Ingalls has been informed of and has consented to this appointment. The appointment of the PPC is
Section 9.2 — Role and Scope. The PPC shall assist the Parties in resolving disputes arisi
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⚑ Liability cap to check against exposure
Section 9.2 — Role and Scope. The PPC shall assist the Parties in resolving disputes arising under this Agreement, including but not limited to: scheduling conflicts; interpretation of the parenting plan provisions; transition-related issues; co-parenting communication difficulties; disagreements regarding the Children's healthcare, education, extracurricular activities, and welfare; disputes arising under the right
Section 9.3 — Process. Before seeking court intervention on any dispute arising under this
Section 9.3 — Process. Before seeking court intervention on any dispute arising under this Agreement (other than emergency matters requiring immediate court action to protect the health or safety of the Children), the aggrieved Party shall first request a session with the PPC. Such request shall be made in writing (by email or through the co-parenting application) to the PPC, with a copy to the other Party. The PPC s
Section 9.4 — Fees. The PPC's professional fees shall be shared equally by the Parties (fi
Standard
⚑ Commercial term
Section 9.4 — Fees. The PPC's professional fees shall be shared equally by the Parties (fifty percent (50%) each), unless the PPC determines that one Party's conduct in connection with the dispute has been unreasonable, obstructive, or in bad faith, in which case the PPC may recommend a different allocation of fees. The Parties acknowledge that the PPC's current hourly rate is Three Hundred Fifty Dollars ($350.00) pe
Section 9.5 — Replacement. If Dr. Ingalls is unable or unwilling to continue serving as PP
Section 9.5 — Replacement. If Dr. Ingalls is unable or unwilling to continue serving as PPC for any reason (including retirement, relocation, conflict of interest, or incapacity), the Parties shall use good-faith efforts to mutually agree on a replacement PPC within thirty (30) days of learning of the vacancy. In the absence of agreement on a replacement, either Party may petition the Court for the appointment of a r
Section 10.1 — Health Insurance. The Children shall remain enrolled in Petitioner's employ
Section 10.1 — Health Insurance. The Children shall remain enrolled in Petitioner's employer-sponsored health insurance plan through Luminos Entertainment Group, Inc. (insurance carrier: Veridian Health Insurance Co., Group Policy No. VHI-2022-LUM-4871). Petitioner shall maintain the Children as covered dependents on said plan so long as it is available to her through her employment at a reasonable cost. In the event