EXHIBIT A — HOLIDAY AND VACATION SCHEDULE
Exhibit A to the Stipulated Custody & Parenting Plan Agreement
SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES
In re the Custody of:
ISABELA LUZ FONSECA-MEDRANO (DOB: February 11, 2017) and MATEO ELÍAS FONSECA-MEDRANO (DOB: August 29, 2019)
Case No. 22STFL09847
MARGUERITE DELPHINE FONSECA ("Mother")
and
RAFAEL JOAQUÍN MEDRANO ("Father")
Date: January 31, 2024
SECTION 1: GENERAL PROVISIONS
1.1 Purpose and Incorporation
This Exhibit A (the "Holiday and Vacation Schedule") is attached to and incorporated by reference into that certain Stipulated Custody & Parenting Plan Agreement dated January 31, 2024 (the "Agreement"), entered into between Marguerite Delphine Fonseca ("Mother") and Rafael Joaquín Medrano ("Father") (collectively, the "Parents" and each individually a "Parent"). This Exhibit A is intended to set forth with specificity the allocation of custodial time between the Parents during recognized holidays, school vacation periods, summer break, and other designated occasions that deviate from the regular weekly custodial schedule.
The holiday and vacation schedule set forth herein shall supersede and take priority over the regular school-year custodial timeshare schedule — which provides for an approximate 65%/35% division of overnights, with Mother receiving approximately 232 overnights and Father receiving approximately 133 overnights per annum — during the specific periods designated below. It is the intent of the Parents that this Exhibit A shall operate in conjunction with the regular custodial schedule to ensure that both Parents have meaningful and consistent time with the Children during important holidays, celebrations, and extended vacation periods throughout each calendar year.
This Exhibit A is filed concurrently with the Stipulation for Judgment in Case No. 22STFL09847, in the Superior Court of California, County of Los Angeles, Department 5, and was entered by court order on February 9, 2024. This Exhibit A shall have the same force and effect as if set forth in full in the body of the Agreement and shall be enforceable as an order of the court.
1.2 Definitions. As used in this Exhibit A, the following terms shall have the meanings set forth below. Unless the context otherwise requires, capitalized terms used but not defined herein shall have the meanings assigned to them in the Agreement.
(a) "Even Year" means any calendar year that is evenly divisible by two, including but not limited to the years 2024, 2026, 2028, 2030, and so forth.
(b) "Odd Year" means any calendar year that is not evenly divisible by two, including but not limited to the years 2025, 2027, 2029, 2031, and so forth.
(c) "Children" refers collectively to Isabela Luz Fonseca-Medrano, born February 11, 2017, and Mateo Elías Fonseca-Medrano, born August 29, 2019. References to the Children shall mean both children together unless otherwise expressly stated. The Parents agree that the Children shall not be separated for purposes of this holiday and vacation schedule, and both Children shall spend each holiday and vacation period with the same Parent, except as specifically provided otherwise herein.
(d) "Ridgeview Academy" refers to the private elementary school currently attended by both Children, located at 4515 Sepulveda Boulevard, Sherman Oaks, California 91403. In the event the Children change schools, references to Ridgeview Academy shall be deemed to refer to whatever school or schools the Children are then attending, and references to the Ridgeview Academy calendar shall be replaced by the corresponding calendar of the successor school, unless the Parents agree otherwise in writing.
(e) "Mother's Residence" means the residence of Marguerite Delphine Fonseca, currently located at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California 91604. In the event Mother relocates, this definition shall be updated to refer to her then-current primary residence, subject to compliance with any applicable notice and relocation provisions set forth in the Agreement and California Family Code § 3024.
(f) "Father's Residence" means the residence of Rafael Joaquín Medrano, currently located at 609 Moorpark Street, Apartment 12, North Hollywood, California 91602. In the event Father relocates, this definition shall be updated to refer to his then-current primary residence, subject to the same notice and relocation provisions described above.
(g) "Parenting Plan Coordinator" means Dr. Marcus W. Ingalls, LMFT (License No. LMFT 89412), of Ingalls & Cuevas Family Counseling, located at 10880 Wilshire Boulevard, Suite 630, Los Angeles, California 90024, or such successor coordinator as the Parents may agree upon in writing or as the court may appoint.
1.3 Priority of Holiday Schedule
The holiday and vacation schedule set forth in this Exhibit A shall take priority over the regular weekly custodial schedule established in the Agreement in all cases. If a holiday or vacation period designated herein conflicts with or overlaps with the regular custodial schedule, this Exhibit A shall control, and the regular schedule shall be suspended for the duration of the applicable holiday or vacation period.
Upon the conclusion of any holiday or vacation period, the regular custodial schedule shall resume as though the holiday or vacation period had not occurred, unless the Parents agree otherwise in writing. For the avoidance of doubt, if a holiday period ends on a day that would ordinarily fall within the regular custodial time of the parent returning the Children, that parent shall resume his or her regular custodial time immediately upon the conclusion of the holiday exchange. If the holiday period ends on a day that would ordinarily fall within the regular custodial time of the other parent, the Children shall be returned to that other parent at the time specified herein, and the regular schedule shall resume from that point forward.
All holiday and vacation periods shall be calculated inclusive of overnights. For purposes of this Exhibit A, a "period" includes the overnights occurring between the designated start time and the designated end time.
1.4 Default Pick-Up and Drop-Off Location
Unless otherwise specified for a particular holiday or vacation period within the provisions below, all exchanges of custody shall take place at Ridgeview Academy, 4515 Sepulveda Boulevard, Sherman Oaks, California 91403, on school days (i.e., days on which the school is in session and the Children are in attendance). On non-school days — including weekends, teacher in-service days, school holidays, and summer break days — custody exchanges shall take place at Mother's Residence, unless a specific provision of this Exhibit A designates a different location.
The Parents may agree upon alternative exchange locations for any particular holiday or vacation period, provided such agreement is made in writing (including by email or text message acknowledged by both Parents). Neither Parent shall unilaterally change the designated exchange location without the prior written consent of the other Parent.
1.5 Default Pick-Up and Drop-Off Times
Unless a specific holiday provision in this Exhibit A designates a different time, the following default exchange times shall apply:
(a) Standard pick-up time on the first day of a holiday or vacation period: 10:00 a.m.
(b) Standard drop-off time on the last day of a holiday or vacation period: 6:00 p.m.
(c) On school days, custody exchanges shall occur at school drop-off at 8:00 a.m. (with the receiving Parent ensuring the Children arrive at school on time) or at school pick-up at 3:15 p.m. (with the receiving Parent picking up the Children from school), as applicable to the specific holiday provision.
Each Parent shall exercise reasonable punctuality in connection with all exchanges. If a Parent anticipates being more than fifteen (15) minutes late for a scheduled exchange, that Parent shall promptly notify the other Parent by telephone or text message.
SECTION 2: ALTERNATING HOLIDAY SCHEDULE (EVEN/ODD YEARS)
The following holidays shall alternate between the Parents on an even-year/odd-year basis as set forth below. The alternating schedule is designed to ensure that each Parent has the opportunity to spend each major holiday with the Children on a regular and predictable rotating basis.
2.1 Thanksgiving.
2.1.1 Even Years — Mother. In each even year (2024, 2026, 2028, and so forth), Mother shall have custody of the Children for the Thanksgiving holiday. Mother's Thanksgiving period shall begin on the Wednesday immediately preceding Thanksgiving Day at 3:15 p.m., with Mother picking the Children up from Ridgeview Academy at regular school dismissal. Mother shall have the Children continuously through the Thanksgiving holiday period, including Thanksgiving Day and the weekend immediately following Thanksgiving.
Mother's Thanksgiving period shall end on Sunday following Thanksgiving at 6:00 p.m. Mother shall deliver the Children to Father's Residence at 609 Moorpark Street, Apartment 12, North Hollywood, California 91602, no later than 6:00 p.m. on that Sunday. Upon that exchange, the regular custodial schedule shall resume.
2.1.2 Odd Years — Father. In each odd year (2025, 2027, 2029, and so forth), Father shall have custody of the Children for the Thanksgiving holiday. Father's Thanksgiving period shall begin on the Wednesday immediately preceding Thanksgiving Day at 3:15 p.m., with Father picking the Children up from Ridgeview Academy at regular school dismissal. Father shall have the Children continuously through the Thanksgiving holiday period, including Thanksgiving Day and the weekend immediately following Thanksgiving.
Father's Thanksgiving period shall end on Sunday following Thanksgiving at 6:00 p.m. Father shall deliver the Children to Mother's Residence at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California 91604, no later than 6:00 p.m. on that Sunday. Upon that exchange, the regular custodial schedule shall resume.
2.2 Winter Break (Christmas / New Year's)
The Parents acknowledge that the winter break period encompasses significant holidays for both Parents and the Children, including Christmas Eve, Christmas Day, New Year's Eve, and New Year's Day. To ensure that each Parent has the opportunity to celebrate these holidays with the Children, the winter break shall be divided into two approximately equal halves, alternating annually as set forth below.
2.2.1 Division of Winter Break. The winter break period shall be divided into two portions as follows:
(a) First Half of Winter Break: The First Half shall begin on the last day of school before winter break at 3:15 p.m. (with the receiving Parent picking up the Children from Ridgeview Academy at regular school dismissal) and shall continue through December 26 at 10:00 a.m. The First Half of winter break includes Christmas Eve (December 24) and Christmas Day (December 25).
(b) Second Half of Winter Break: The Second Half shall begin on December 26 at 10:00 a.m. and shall continue through the day before school resumes after winter break at 6:00 p.m. The Second Half of winter break includes New Year's Eve (December 31) and New Year's Day (January 1).
2.2.2 Even Years. In each even year (2024, 2026, 2028, and so forth):
(a) Mother shall have the Children for the First Half of winter break, which includes Christmas Eve and Christmas Day.
(b) Father shall have the Children for the Second Half of winter break, which includes New Year's Eve and New Year's Day.
2.2.3 Odd Years. In each odd year (2025, 2027, 2029, and so forth):
(a) Father shall have the Children for the First Half of winter break, which includes Christmas Eve and Christmas Day.
(b) Mother shall have the Children for the Second Half of winter break, which includes New Year's Eve and New Year's Day.
2.2.4 Exchange Location for Winter Break. The midpoint exchange on December 26 shall occur at Mother's Residence at 10:00 a.m. The Parent concluding his or her First Half of winter break shall deliver the Children to Mother's Residence (if the Children are being delivered to Mother) or shall make the Children available for pick-up at Mother's Residence (if the Children are being delivered to Father). Both Parents shall be punctual and cooperative during this exchange.
The exchange at the end of winter break shall occur at the residence of the Parent who does not have the Children at that time, at 6:00 p.m. on the day before school resumes after winter break. By way of example, if Father has the Second Half of winter break, Father shall deliver the Children to Mother's Residence at 6:00 p.m. on the evening before school resumes, and Mother shall be responsible for ensuring the Children arrive at school the following morning.
2.3 Spring Break
2.3.1 Even Years — Father. In each even year (2024, 2026, 2028, and so forth), Father shall have custody of the Children for the entirety of the Ridgeview Academy spring break. Father's spring break period shall begin on the last day of school before spring break at 3:15 p.m., with Father picking up the Children from Ridgeview Academy at regular school dismissal. Father shall have the Children continuously throughout the spring break period.
Father's spring break period shall end on the day before school resumes after spring break at 6:00 p.m. Father shall deliver the Children to Mother's Residence at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California 91604, no later than 6:00 p.m. on that day. Mother shall be responsible for ensuring the Children arrive at school the following morning.
2.3.2 Odd Years — Mother. In each odd year (2025, 2027, 2029, and so forth), Mother shall have custody of the Children for the entirety of the Ridgeview Academy spring break. Mother's spring break period shall begin on the last day of school before spring break at 3:15 p.m., with Mother picking up the Children from Ridgeview Academy at regular school dismissal. Mother shall have the Children continuously throughout the spring break period.
Mother's spring break period shall end on the day before school resumes after spring break at 6:00 p.m. Mother shall deliver the Children to Father's Residence at 609 Moorpark Street, Apartment 12, North Hollywood, California 91602, no later than 6:00 p.m. on that day. Father shall be responsible for ensuring the Children arrive at school the following morning.
SECTION 3: DESIGNATED PARENT-SPECIFIC HOLIDAYS
Certain holidays are designated to a specific Parent every year, without alternation, in recognition of the nature of those occasions. The following provisions govern those holidays.
3.1 Mother's Day
Mother shall have custody of the Children every year on the Mother's Day weekend. Mother's custodial period for Mother's Day shall begin on the Saturday immediately preceding Mother's Day at 10:00 a.m. and shall end on Sunday (Mother's Day) at 6:00 p.m. Mother shall pick up the Children from Father's Residence at 10:00 a.m. on Saturday and shall return the Children to Father's Residence at 6:00 p.m. on Sunday.
This provision shall apply regardless of whether the Mother's Day weekend would otherwise fall during Father's regular custodial time. If it does fall during Father's regular custodial time, Father shall make the Children available for the Mother's Day exchange as set forth above. Upon the conclusion of the Mother's Day period, the regular custodial schedule shall resume.
3.2 Father's Day
Father shall have custody of the Children every year on the Father's Day weekend. Father's custodial period for Father's Day shall begin on the Saturday immediately preceding Father's Day at 10:00 a.m. and shall end on Sunday (Father's Day) at 6:00 p.m. Father shall pick up the Children from Mother's Residence at 10:00 a.m. on Saturday and shall return the Children to Mother's Residence at 6:00 p.m. on Sunday.
This provision shall apply regardless of whether the Father's Day weekend would otherwise fall during Mother's regular custodial time. If it does fall during Mother's regular custodial time, Mother shall make the Children available for the Father's Day exchange as set forth above. Upon the conclusion of the Father's Day period, the regular custodial schedule shall resume.
3.3 Children's Birthdays
The Parents agree that it is important for the Children to celebrate their birthdays with each Parent. The following provisions govern custodial time on the Children's birthdays.
3.3.1 Isabela's Birthday (February 11).
(a) Even Years — Mother: In each even year, Mother shall have custody of both Isabela and Mateo from 10:00 a.m. to 6:00 p.m. on February 11 for the purpose of celebrating Isabela's birthday. If February 11 falls on a school day, Mother may pick up both Children from Ridgeview Academy at 3:15 p.m. (school pick-up) and shall return the Children to the other Parent's residence by 8:00 p.m. on the same day. Alternatively, if February 11 falls on a school day, the Parents may by mutual agreement celebrate on the nearest Saturday, with the non-celebrating Parent retaining the overnight both before and after the daytime celebration period.
(b) Odd Years — Father: In each odd year, Father shall have custody of both Isabela and Mateo on February 11, on the same terms and conditions as set forth above for Mother in even years. If February 11 falls on a school day, Father may pick up both Children from Ridgeview Academy at 3:15 p.m. and shall return the Children by 8:00 p.m. on the same day. The same alternative Saturday arrangement shall apply by mutual agreement.
The birthday provisions set forth above are intended to provide daytime celebratory time with the designated Parent and do not include an overnight, unless the birthday falls within the designated Parent's regular custodial time. The non-celebrating Parent shall retain the overnight before and after the birthday celebration period unless the regular schedule otherwise provides.
3.3.2 Mateo's Birthday (August 29).
(a) Even Years — Father: In each even year, Father shall have custody of both Isabela and Mateo from 10:00 a.m. to 6:00 p.m. on August 29 for the purpose of celebrating Mateo's birthday. If August 29 falls on a school day (which is unlikely given the typical Ridgeview Academy calendar), Father may pick up both Children from school at 3:15 p.m. and shall return the Children by 8:00 p.m. Alternatively, if August 29 falls on a school day, the Parents may by mutual agreement celebrate on the nearest Saturday.
(b) Odd Years — Mother: In each odd year, Mother shall have custody of both Isabela and Mateo on August 29, on the same terms and conditions as set forth above for Father in even years.
The Parents acknowledge that August 29 will typically fall during the summer vacation schedule as set forth in Section 5 of this Exhibit A. The birthday provision set forth above shall take priority over the summer custodial schedule for the daytime hours specified (10:00 a.m. to 6:00 p.m.). If the designated birthday Parent does not otherwise have custodial time on August 29 under the summer schedule, the other Parent shall make the Children available for the birthday exchange, and the summer schedule shall resume upon the conclusion of the birthday period.
3.4 Mother's Birthday
Mother shall have the right to spend time with the Children on her birthday, June 14, each year, from 10:00 a.m. to 8:00 p.m., regardless of whether that day falls within Father's regular custodial time or within Father's summer custodial block. If June 14 falls during Father's custodial time, Father shall accommodate the exchange by making the Children available for pick-up at Father's Residence at 10:00 a.m. Mother shall return the Children to Father's Residence by 8:00 p.m. on the same day. This provision does not include an overnight unless June 14 already falls within Mother's regularly scheduled custodial time.
3.5 Father's Birthday
Father shall have the right to spend time with the Children on his birthday, March 22, each year, from 10:00 a.m. to 8:00 p.m., regardless of whether that day falls within Mother's regular custodial time. If March 22 falls during Mother's custodial time, Mother shall accommodate the exchange by making the Children available for pick-up at Mother's Residence at 10:00 a.m. Father shall return the Children to Mother's Residence by 8:00 p.m. on the same day. This provision does not include an overnight unless March 22 already falls within Father's regularly scheduled custodial time.
SECTION 4: ADDITIONAL HOLIDAYS (ALTERNATING)
In addition to the major holidays set forth in Section 2 and the parent-specific holidays set forth in Section 3, the following additional holidays shall alternate between the Parents on an even-year/odd-year basis. Each of the holidays in this Section 4 shall take priority over the regular weekly custodial schedule.
4.1 Presidents' Day Weekend
(a) Even Years — Mother: In each even year, Mother shall have custody of the Children for the Presidents' Day weekend.
(b) Odd Years — Father: In each odd year, Father shall have custody of the Children for the Presidents' Day weekend.
The Presidents' Day weekend period shall begin on Saturday at 10:00 a.m. and shall continue through Monday (Presidents' Day) at 6:00 p.m. The pick-up shall occur at the non-custodial Parent's residence at 10:00 a.m. on Saturday, and the drop-off shall occur at the non-custodial Parent's residence at 6:00 p.m. on Monday (Presidents' Day). Upon the conclusion of the Presidents' Day weekend, the regular custodial schedule shall resume.
4.2 Memorial Day Weekend
(a) Even Years — Father: In each even year, Father shall have custody of the Children for the Memorial Day weekend.
(b) Odd Years — Mother: In each odd year, Mother shall have custody of the Children for the Memorial Day weekend.
The Memorial Day weekend period shall begin on Saturday at 10:00 a.m. and shall continue through Monday (Memorial Day) at 6:00 p.m. The pick-up and drop-off shall occur at the non-custodial Parent's residence. Upon the conclusion of the Memorial Day weekend, the regular custodial schedule shall resume.
4.3 Independence Day (July 4)
(a) Even Years — Mother: In each even year, Mother shall have custody of the Children for the Independence Day holiday period.
(b) Odd Years — Father: In each odd year, Father shall have custody of the Children for the Independence Day holiday period.
The Independence Day holiday period shall begin on July 3 at 10:00 a.m. and shall continue through July 5 at 6:00 p.m. The pick-up shall occur at the non-custodial Parent's residence at 10:00 a.m. on July 3, and the drop-off shall occur at the non-custodial Parent's residence at 6:00 p.m. on July 5.
The Parents acknowledge that the Independence Day period will typically overlap with the summer vacation schedule set forth in Section 5 of this Exhibit A. The Independence Day holiday provision shall take priority over the summer schedule for the specified period. If the Independence Day holiday period falls during a Parent's summer custodial block and is designated to the other Parent under this Section 4.3, the summer block Parent's time shall be adjusted as provided in Section 5.6 below.
4.4 Labor Day Weekend
(a) Even Years — Mother: In each even year, Mother shall have custody of the Children for the Labor Day weekend.
(b) Odd Years — Father: In each odd year, Father shall have custody of the Children for the Labor Day weekend.
The Labor Day weekend period shall begin on Saturday at 10:00 a.m. and shall continue through Monday (Labor Day) at 6:00 p.m. The pick-up and drop-off shall occur at the non-custodial Parent's residence. Upon the conclusion of the Labor Day weekend, the regular custodial schedule shall resume.
4.5 Halloween (October 31)
(a) Even Years — Mother: In each even year, Mother shall have the Children on Halloween from 3:15 p.m. (school pick-up at Ridgeview Academy) through 8:30 p.m. for the purpose of trick-or-treating and related Halloween festivities.
(b) Odd Years — Father: In each odd year, Father shall have the Children on Halloween on the same terms, from 3:15 p.m. (school pick-up at Ridgeview Academy) through 8:30 p.m.
The Children shall be returned to the custodial Parent's residence — that is, the residence of the Parent who has the overnight per the regular weekly schedule — by no later than 8:30 p.m. If the Parent who has the Halloween designation under this Section 4.5 is also the Parent who has the overnight under the regular schedule, no additional exchange is necessary. If the Parent who has the Halloween designation is not the Parent who has the overnight, the Halloween-designated Parent shall return the Children to the other Parent's residence by 8:30 p.m.
Each Parent agrees to cooperate in facilitating age-appropriate Halloween activities, including costumes, trick-or-treating routes, and neighborhood festivities. The Parent who does not have the Children for the Halloween trick-or-treating period may attend the Children's school Halloween event or party during school hours, if applicable, provided such attendance is permitted by Ridgeview Academy's policies.
SECTION 5: SUMMER VACATION SCHEDULE
5.1 Duration. The summer vacation period for purposes of this Exhibit A shall correspond to the Ridgeview Academy summer break, which is approximately ten (10) weeks, or seventy (70) days, typically beginning in mid-June and ending in late August. The Parents acknowledge that the precise start and end dates of summer break may vary from year to year based on the Ridgeview Academy academic calendar. In each year, the summer vacation period shall be deemed to commence on the day after the last day of school and shall end on the day before the first day of the new school year.
5.2 Division of Summer Time
The summer vacation period shall be divided equally between the Parents so that each Parent receives thirty-five (35) overnights with the Children during the summer vacation period. Each Parent's summer custodial time shall be exercised in blocks of no fewer than seven (7) consecutive overnights and no more than twenty-one (21) consecutive overnights, unless the Parents otherwise agree in writing. The Parents agree that this block structure is intended to provide the Children with stability and continuity during the summer while ensuring that both Parents have extended, meaningful time with the Children.
The Parents further agree that during the summer vacation period, the regular school-year weekly custodial schedule shall be suspended and replaced entirely by the summer schedule agreed upon pursuant to this Section 5. The summer schedule shall incorporate and be subject to the holiday provisions set forth in Sections 3 and 4 of this Exhibit A that fall within the summer period (including, without limitation, Father's Day, Mother's Day if applicable, Mother's birthday on June 14, and Independence Day on July 4).
5.3 Selection Process
The Parents shall adhere to the following process for selecting their respective summer custodial blocks:
(a) Proposal Deadline: By April 1 of each year, each Parent shall submit to the other Parent a written proposal for his or her preferred summer custodial blocks. The proposal shall identify the specific dates of each requested block, including start and end dates and the total number of overnights in each block.
(b) First Choice Alternation: In even years, Mother shall have first choice of summer weeks. In odd years, Father shall have first choice of summer weeks. The Parent with first choice shall submit his or her preferred block selections first, and the other Parent shall then select from the remaining available weeks.
(c) Finalization Deadline: The Parents shall finalize the summer schedule by mutual agreement no later than May 1 of each year. Both Parents shall make good-faith efforts to accommodate each other's preferences and to avoid unnecessary conflict over the summer schedule.
(d) Referral to Parenting Plan Coordinator: If the Parents cannot agree on the summer schedule by May 1, either Parent may refer the matter to the Parenting Plan Coordinator, Dr. Marcus W. Ingalls, LMFT (License No. LMFT 89412), at Ingalls & Cuevas Family Counseling, 10880 Wilshire Boulevard, Suite 630, Los Angeles, California 90024, for mediation and, if necessary, a binding recommendation on the summer scheduling dispute. The cost of the Parenting Plan Coordinator's services for such mediation shall be shared equally by the Parents unless the Parenting Plan Coordinator determines that one Parent's unreasonable conduct necessitated the referral, in which case the Parenting Plan Coordinator may allocate a greater share of the costs to the unreasonable Parent.
5.4 Exchange Times and Locations for Summer Periods
All custody exchanges during the summer vacation period shall be governed by the following default provisions unless the Parents otherwise agree in writing:
(a) Pick-Up: The receiving Parent shall pick up the Children at 10:00 a.m. on the first day of his or her summer custodial block at the other Parent's residence.
(b) Drop-Off: The returning Parent shall deliver the Children at 6:00 p.m. on the last day of his or her summer custodial block to the other Parent's residence.
5.5 Summer Camps and Activities
Either Parent may enroll the Children in a summer camp, program, sports league, or other structured activity during his or her custodial time, subject to the following conditions:
(a) Notice Requirement: The enrolling Parent shall provide the other Parent with at least thirty (30) days' written notice before the start of the camp or program. The notice shall include the name and location of the program, the dates and daily schedule, the cost, and the contact information for the program administrator.
(b) Cost-Sharing: Costs for summer camps and extracurricular activities shall be subject to the extracurricular cost-sharing provisions of the Child Support Agreement entered concurrently with the Agreement, which provides that Father shall be responsible for sixty percent (60%) and Mother shall be responsible for forty percent (40%) of approved extracurricular costs, up to a maximum of One Thousand Five Hundred Dollars ($1,500.00) per child per calendar quarter. Any costs exceeding the quarterly cap shall require the mutual written consent of both Parents before either Parent incurs such costs. Failure to obtain such consent may result in the non-consenting Parent being relieved of any obligation to share in the excess costs.
(c) Impact on Other Parent's Time: Neither Parent shall enroll the Children in a summer program that extends into or interferes with the other Parent's summer custodial block without the other Parent's prior written consent.
5.6 Interaction with Holiday Provisions
If a holiday that is designated to a particular Parent under Sections 3 or 4 of this Exhibit A falls within the other Parent's summer custodial block, the holiday provision shall control for the specified period. The summer-block Parent's custodial time shall be adjusted by adding equivalent make-up overnights at the end of the summer period (or at a time otherwise agreed upon by the Parents in writing), so that each Parent receives the full allocation of thirty-five (35) summer overnights. The Parents shall cooperate in good faith to schedule make-up time that is mutually convenient and minimally disruptive to the Children.
By way of example, if July 4 falls within Father's summer custodial block and Mother is designated to have the Children for Independence Day under Section 4.3 in an even year, Father shall make the Children available to Mother from July 3 at 10:00 a.m. through July 5 at 6:00 p.m. Father shall receive two (2) make-up overnights, to be scheduled by mutual agreement, to account for the overnights lost during the Independence Day holiday period.
SECTION 6: TRAVEL DURING HOLIDAY AND VACATION PERIODS
6.1 Domestic Travel
Either Parent may travel with the Children within the State of California during his or her holiday or vacation custodial time without providing prior written notice to the other Parent, beyond confirming the general itinerary for the other Parent's reference and to ensure availability for any emergency contact. The traveling Parent shall ensure that the Children remain accessible by telephone for communication with the non-traveling Parent as provided in Section 7 of this Exhibit A.
Domestic travel outside the State of California during any holiday or vacation custodial period requires a minimum of fourteen (14) days' written notice to the other Parent prior to the date of departure. Such notice shall include the destination, dates of travel, mode of transportation, and contact information at the destination. This domestic travel notice requirement is consistent with and shall be governed by the provisions of Exhibit B to the Agreement (Right of First Refusal & Travel Notice Protocol).
6.2 International Travel
Neither Parent shall take the Children outside the continental United States during any holiday or vacation period without providing at least thirty (30) days' written notice to the other Parent and obtaining the other Parent's written consent prior to departure. In the event the other Parent does not consent to the proposed international travel, the traveling Parent may seek a court order authorizing the travel by filing an appropriate motion with the Superior Court of California, County of Los Angeles, in Case No. 22STFL09847.
The requirements of this Section 6.2 are consistent with and shall be governed by the provisions of Exhibit B to the Agreement (Right of First Refusal & Travel Notice Protocol). The Parents acknowledge that both Children currently hold United States passports and that each Parent shall maintain possession of a copy of each Child's passport for emergency purposes. The original passports shall be held by Mother unless the Children are traveling with Father, in which case the passports shall be transferred to Father at least seven (7) days before departure.
6.3 Itinerary and Contact Information
For all travel outside the State of California — whether domestic or international — the traveling Parent shall provide the non-traveling Parent with a detailed written itinerary at least seven (7) days before the date of departure. The itinerary shall include:
(a) The dates and times of departure and return;
(b) Flight information, including airline, flight numbers, and departure/arrival times;
(c) Hotel or accommodation addresses, phone numbers, and confirmation numbers;
(d) Emergency contact numbers for the traveling Parent and any other adult who will be present and responsible for the Children during the trip; and
(e) Any other information reasonably necessary for the non-traveling Parent to locate and contact the Children in the event of an emergency.
SECTION 7: TELEPHONE AND VIDEO COMMUNICATION DURING HOLIDAY PERIODS
7.1 Reasonable Contact
During any holiday or vacation period in which the Children are with one Parent for more than three (3) consecutive overnights, the other Parent (the "non-custodial Parent" for that period) shall be permitted reasonable telephone or video communication with the Children. Such communication shall generally occur once per day at a mutually agreed-upon time, which shall ordinarily be between 6:00 p.m. and 7:30 p.m. local time in the time zone where the Children are located. Each call or video session shall last approximately fifteen (15) to twenty (20) minutes, unless the Children wish to speak for a shorter period. Communication may occur via telephone, FaceTime, Calderon Software, or any other video or voice platform that the Parents mutually agree upon.
The custodial Parent shall ensure that the Children have access to a telephone or device with video capability and shall facilitate the scheduled communication in a private, comfortable setting. Neither Parent shall use the communication period to discuss legal matters, child support issues, or other disputes between the Parents.
7.2 Non-Interference. Neither Parent shall monitor, listen to, record, or in any way interfere with the Children's communications with the other Parent during holiday or vacation periods. Each Parent shall respect the Children's privacy and the other Parent's right to maintain a meaningful relationship with the Children during periods of separation. Any concerns about the content or appropriateness of communications shall be addressed through the conflict resolution process set forth in Section 8 of this Exhibit A, and not by monitoring or restricting the Children's contact with the other Parent.
SECTION 8: CONFLICT RESOLUTION
8.1 Good-Faith Efforts
The Parents shall make good-faith efforts to resolve any scheduling conflicts, ambiguities, or disputes related to this holiday and vacation schedule through direct, respectful communication. The Parents recognize that flexibility, cooperation, and a focus on the best interests of the Children are essential to the successful implementation of this Exhibit A. To that end, each Parent shall attempt in good faith to address any scheduling issue directly with the other Parent before invoking formal dispute resolution procedures.
8.2 Parenting Plan Coordinator
If the Parents are unable to resolve a scheduling dispute through direct communication within five (5) business days of the dispute arising (or within such shorter period as the urgency of the situation requires), either Parent may refer the matter to the Parenting Plan Coordinator, Dr. Marcus W. Ingalls, LMFT (License No. LMFT 89412), at Ingalls & Cuevas Family Counseling, 10880 Wilshire Boulevard, Suite 630, Los Angeles, California 90024, for mediation and, if necessary, a binding recommendation on the scheduling issue. The Parenting Plan Coordinator's recommendation shall be binding on both Parents unless and until modified by a court order.
The costs of the Parenting Plan Coordinator's services shall be shared equally by the Parents unless the Parenting Plan Coordinator determines that one Parent's unreasonable conduct necessitated the referral, in which case the Parenting Plan Coordinator may recommend that the court allocate a greater share of the costs to the Parent whose conduct caused the dispute.
8.3 Court as Last Resort
If the dispute cannot be resolved through the Parenting Plan Coordinator — including in situations where a Parent objects to the Parenting Plan Coordinator's binding recommendation — either Parent may seek relief from the Superior Court of California, County of Los Angeles, by filing an appropriate motion in Case No. 22STFL09847. The Parents agree that court intervention shall be sought only as a last resort after good-faith efforts at direct resolution and mediation through the Parenting Plan Coordinator have been exhausted.
SECTION 9: MODIFICATIONS
9.1 Written Agreement Required
Any modification to this holiday and vacation schedule — including changes to the alternating holiday rotation, summer schedule structure, exchange times or locations, or any other material provision — must be agreed upon in writing, signed by both Parents, and, if the modification constitutes a material change to the custodial timeshare or the terms of the court order, filed with the Superior Court of California, County of Los Angeles, in Case No. 22STFL09847. No oral agreement to modify this Exhibit A shall be binding on either Parent.
9.2 Temporary Modifications
Notwithstanding Section 9.1, the Parents may agree to temporary, one-time schedule swaps or adjustments in writing without court filing, provided that such modifications do not materially alter the overall custodial timeshare for the calendar year. For purposes of this Section 9.2, a written agreement may consist of an email exchange or text message exchange in which both Parents clearly confirm their agreement to the specific modification, including the dates and times affected. The Parents shall retain copies of all such communications for their records.
Temporary modifications under this Section 9.2 shall not establish a precedent for future scheduling and shall not be construed as a waiver of either Parent's rights under this Exhibit A or the Agreement.
SECTION 10: SIGNATURES AND EXECUTION
The undersigned Parents hereby acknowledge that they have read this Exhibit A — Holiday and Vacation Schedule in its entirety, that they understand its terms and conditions, that they agree to be bound by its provisions, and that they have executed this Exhibit A voluntarily and without coercion. Each Parent acknowledges that he or she has been represented by independent legal counsel in connection with the negotiation and execution of this Exhibit A and the Agreement to which it is attached.
This Exhibit A is executed as of January 31, 2024.
PARENTS:
MARGUERITE DELPHINE FONSECA ("Mother")
By: ________
Name: Marguerite Delphine Fonseca
Date: ________
RAFAEL JOAQUÍN MEDRANO ("Father")
By: ________
Name: Rafael Joaquín Medrano
Date: ________
APPROVED AS TO FORM:
CALDERWOOD & HARKNESS LLP Counsel for Marguerite D. Fonseca
By: ________
Name: Devon Archer
Firm: Calderwood & Harkness LLP
Address: 777 South Flower Street, Suite 3400
Los Angeles, California 90017
Date: ________
KWAN, DELACROIX & SAMUELS LLP Counsel for Rafael J. Medrano
By: ________
Name: Gwendolyn R. Kwan (CA State Bar No. 218453)
Firm: Kwan, Delacroix & Samuels LLP
Address: 4400 Riverside Drive, Suite 700
Burbank, California 91505
Date: ________
MINOR'S COUNSEL
By: ________
Name: Tessa L. Brannigan, Esq. (CA State Bar No. 267894)
Appointed June 22, 2023, pursuant to Family Code § 3150
Address: 6320 Canoga Avenue, Suite 1500
Woodland Hills, California 91367
Date: ________
DATE OF EXECUTION: JANUARY 31, 2024
This Exhibit A — Holiday and Vacation Schedule consists of ten (10) sections and is intended to be read in conjunction with the Stipulated Custody & Parenting Plan Agreement dated January 31, 2024, and all other exhibits thereto. In the event of any conflict between this Exhibit A and the body of the Agreement, the terms of this Exhibit A shall control with respect to holiday and vacation scheduling matters.