CONFIDENTIAL — FILED UNDER SEAL
SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES STANLEY MOSK COURTHOUSE
In re the Domestic Partnership of:
MARGUERITE DELPHINE FONSECA, Petitioner,
and
RAFAEL JOAQUÍN MEDRANO, Respondent.
Case No. 22STFL09847
STIPULATED CUSTODY AND PARENTING PLAN AGREEMENT
(Execution Version)
January 31, 2024
This Stipulated Custody and Parenting Plan Agreement (this "Agreement") is entered into as of January 31, 2024, by and between Marguerite Delphine Fonseca ("Petitioner" or "Mother") and Rafael Joaquín Medrano ("Respondent" or "Father") (collectively, the "Parties"), in connection with Case No. 22STFL09847 pending before the Superior Court of California, County of Los Angeles, Stanley Mosk Courthouse. This Agreement is entered into pursuant to the dissolution judgment entered on November 3, 2022, in the above-captioned matter, which reserved jurisdiction over all issues relating to custody, visitation, and child support.
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RECITALS
A. Domestic Partnership and Dissolution. The Parties registered as domestic partners on September 12, 2015, with the California Secretary of State, File No. DP-2015-038741. On July 8, 2022, Petitioner filed a Petition for Dissolution of Domestic Partnership in the Superior Court of California, County of Los Angeles, which was assigned Case No. 22STFL09847. A Judgment of Dissolution was entered by the Court on November 3, 2022 (the "Dissolution Judgment"). The Dissolution Judgment resolved all property-related issues between the Parties but expressly reserved jurisdiction over all matters relating to the custody and visitation of the Parties' minor children, as well as child support, for further determination by the Court.
B. Minor Children. The Parties are the biological parents of two minor children:
(i) Isabela Luz Fonseca-Medrano, born February 11, 2017 (age six (6) at the time of execution of this Agreement); and
(ii) Mateo Elías Fonseca-Medrano, born August 29, 2019 (age four (4) at the time of execution of this Agreement)
(collectively, the "Children"). Both Children are currently enrolled at Ridgeview Academy, a private educational institution located at 4515 Sepulveda Boulevard, Sherman Oaks, California 91403. At the time of execution of this Agreement, Isabela is enrolled in the first-grade elementary program, and Mateo is enrolled in the pre-kindergarten program at Ridgeview Academy.
C. Proceedings Leading to This Agreement. On May 2, 2023, Petitioner filed a Request for Order regarding custody and child support. The Court entered a temporary custody order on May 30, 2023, establishing an interim timeshare of approximately sixty percent (60%) with Petitioner and forty percent (40%) with Respondent. On June 22, 2023, the Court appointed Tessa L. Brannigan, Esq. (California State Bar No. 267894), as counsel for the minor Children pursuant to California Family Code Section 3150 ("Minor's Counsel"). By stipulation filed July 14, 2023, the Parties jointly appointed Dr. Elena V. Sorensen, Psy.D. (California License No. PSY 24891), of Sorensen Family Behavioral Health, P.C., as a custody evaluator pursuant to Evidence Code Section 730. Dr. Sorensen conducted a comprehensive custody evaluation, including individual interviews with both parents, observation of each parent with the Children, collateral interviews with relevant third parties, and psychological testing, and she delivered her written report to the Court and counsel on October 6, 2023. In addition, by stipulation and order filed July 14, 2023, the court file in this matter was sealed pursuant to California Rules of Court, Rule 2.550 et seq. Thereafter, the Parties participated in three mediation sessions before the Honorable Constance M. Yee (Ret.) of Pacific Coast Dispute Resolution Services, which sessions took place on November 17, 2023, December 15, 2023, and January 19, 2024. As a result of those mediation sessions and extensive negotiations between counsel, the Parties have reached the agreements set forth herein.
D. Representation of Parties. The Parties are each represented by independent legal counsel in this matter. Petitioner is represented by Calderwood & Harkness LLP, with offices at 777 South Flower Street, Suite 3400, Los Angeles, California 90017 (Devon Archer, Lead Associate; Priya Anand, Partner). Respondent is represented by Kwan, Delacroix & Samuels LLP, with offices at 4400 Riverside Drive, Suite 700, Burbank, California 91505 (Gwendolyn R. Kwan, Partner, California State Bar No. 218453; Benjamin T. Okafor, Associate, California State Bar No. 312776). Minor's Counsel is Tessa L. Brannigan, Esq. (California State Bar No. 267894), with offices at 6320 Canoga Avenue, Suite 1500, Woodland Hills, California 91367. Minor's Counsel has participated in the negotiation of this Agreement and has reviewed and approved the final terms set forth herein as being consistent with the best interests of the Children.
E. Best Interests of the Children. Both Petitioner and Respondent acknowledge and agree that the paramount standard governing all custody and visitation determinations under California law is the best interests of the Children, as set forth in California Family Code Section 3011 and related provisions. Both parents affirm their sincere desire to foster and encourage the Children's close, continuing, and meaningful contact with both parents and to ensure the health, safety, and welfare of the Children at all times. Both parents enter into this Agreement voluntarily, with full knowledge of all of its terms and provisions, and with the benefit of independent legal counsel.
F. Intent and Governing Law. This Agreement is intended to be incorporated into and made a part of a stipulated judgment (the "Stipulated Judgment") to be submitted to and entered by the Court in Case No. 22STFL09847. Upon entry of the Stipulated Judgment, the terms of this Agreement shall have the force and effect of a court order. This Agreement is governed by the laws of the State of California, including without limitation the California Family Code.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
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 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, 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 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 Court.
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 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 Protocol attached hereto as Exhibit B and incorporated herein by reference.
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 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 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) 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 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.
ARTICLE II — LEGAL CUSTODY
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 3003 and shall encompass the right and obligation of both parents to share in the decision-making responsibilities for the Children.
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 accommodations, grade retention, grade acceleration, and participation in gifted or specialized academic programs — Petitioner (Mother) shall have tie-breaking authority, subject to the following conditions:
(a) Before exercising tie-breaking authority under this Section, Petitioner shall provide Respondent with no fewer than fourteen (14) calendar days' written notice of the proposed educational decision, including a description of the proposed action, the reasons therefor, and any supporting documentation or information reasonably available to Petitioner.
(b) During the fourteen (14) calendar day notice period, Respondent shall have the opportunity to discuss the proposed decision with Petitioner, to provide written objections or alternative proposals, and to present any information or documentation relevant to the decision.
(c) Petitioner shall give good-faith consideration to Respondent's objections, alternative proposals, and any information provided before making a final decision.
(d) If, after the consultation process described above, the Parties remain unable to agree, Petitioner may exercise her tie-breaking authority and implement the proposed educational decision.
(e) Respondent shall retain the right to seek review of any such decision through the Parenting Plan Coordinator pursuant to Article IX, or, if necessary, by motion to the Court.
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 providers; and decisions regarding the Children's social, emotional, and developmental needs. Each parent shall promptly inform the other parent of any emergency medical treatment administered to either Child, any school disciplinary action involving either Child, any contact by law enforcement or child protective services involving either Child, and any other significant event or circumstance materially affecting the Children's health, safety, or welfare. Each parent shall ensure that the other parent has full and unrestricted access to all educational, medical, dental, vision, and mental health records of the Children, and shall execute any authorizations or releases necessary to effectuate such access.
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, provided that such parent shall inform the other parent of the appointment and its outcome within a reasonable time thereafter. Non-emergency surgical procedures, psychiatric evaluations or treatment, the initiation or modification of any psychotropic medication, the commencement of ongoing therapeutic treatment (including individual or family therapy), orthodontic treatment, and any elective medical or dental procedures shall be made jointly by the Parties. In the event of a disagreement regarding any such non-emergency healthcare decision, the matter shall be referred to the Parenting Plan Coordinator pursuant to Article IX of this Agreement before either parent seeks court intervention. Nothing in this Section shall limit either parent's authority to consent to emergency medical treatment necessary to protect the life or health of either Child.
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, during that parent's custodial time, to the parent's own cultural practices, traditions, or holiday celebrations in a manner consistent with the Children's best interests, provided that no permanent religious commitment is made on the Children's behalf without the other parent's prior written agreement.
ARTICLE III — PHYSICAL CUSTODY AND TIMESHARE
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 designation of Petitioner's residence as the Children's primary residence is for purposes of school enrollment and does not confer upon Petitioner any greater custodial rights than those set forth in this Agreement.
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 if earlier) and continuing through Monday morning, at which time Respondent shall transport the Children to Ridgeview Academy for the start of the school day. For the avoidance of doubt, Respondent's weekend custody period includes Friday overnight, Saturday overnight, and Sunday overnight (three overnights per alternating weekend).
(b) Respondent's Midweek Overnight. In addition to his alternating weekend custodial time, Respondent shall have custody of the Children every Wednesday, commencing at the conclusion of the school day (i.e., Respondent shall pick up the Children from Ridgeview Academy at dismissal) and continuing through Thursday morning, at which time Respondent shall transport the Children to Ridgeview Academy for the start of the school day (one overnight per week).
(c) Petitioner's Custodial Time. Petitioner shall have custody of the Children at all other times during the School Year not allocated to Respondent under subsections (a) and (b) above.
(d) Resulting Overnights. Under this rotation, during a typical School Year of approximately forty-two (42) weeks (excluding Summer Break and holiday periods governed by Exhibit A), Respondent shall have approximately one hundred thirty-three (133) overnights, and Petitioner shall have approximately two hundred thirty-two (232) overnights, on an annualized basis including the Summer Break allocation set forth in Section 3.3 below.
(e) Adjustments. In the event that the regular weekly rotation does not achieve a timeshare within two percentage points of the target sixty-five/thirty-five (65/35) split during any given School Year due to calendar variations, the Parties shall cooperate in good faith to adjust the schedule to achieve the target, including by adding or removing midweek overnights as appropriate.
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 agreement by April 1, the following default alternating-week schedule shall apply:
(a) Petitioner shall have custody of the Children during the first week of Summer Break, commencing on the first day of Summer Break at 10:00 a.m. and continuing for seven (7) consecutive overnights.
(b) The Parties shall alternate weekly custody thereafter for the duration of the Summer Break, with each weekly period commencing on the same day of the week as the first day of Summer Break at 10:00 a.m. and ending seven (7) days later at 10:00 a.m.
(c) If the total number of days in the Summer Break does not divide evenly into full weeks, any remaining days shall be allocated to Respondent if the total overnights to that point favor Petitioner, and vice versa, so that the final Summer Break overnights are as close to equal as practicable.
In addition to the foregoing, each parent shall have the right to one uninterrupted two-week (fourteen (14) consecutive day) vacation block with the Children during the Summer Break, subject to the requirement that the requesting parent provide no fewer than thirty (30) calendar days' advance written notice to the other parent of the dates of the proposed vacation block. If both parents request overlapping dates for their respective vacation blocks, Petitioner shall have priority of selection in even-numbered years, and Respondent shall have priority of selection in odd-numbered years.
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 and six-tenths percent (63.6%) with Petitioner and approximately thirty-six and four-tenths percent (36.4%) with Respondent. The Parties acknowledge that the precise number of overnights will vary from year to year depending on the Ridgeview Academy calendar, the holiday schedule set forth in Exhibit A, and any agreed-upon modifications, and that minor variations in the actual overnight count shall not constitute a basis for modification of this Agreement or the Child Support Agreement.
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 Thanksgiving through Sunday evening); winter break (including Christmas Eve, Christmas Day, New Year's Eve, and New Year's Day); spring break; Mother's Day; Father's Day; each parent's birthday; each Child's birthday (Isabela: February 11; Mateo: August 29); Independence Day (July 4); Labor Day; Memorial Day; and such other designated holidays as may be set forth in Exhibit A. Holiday custodial periods, as specified in Exhibit A, shall supersede the regular weekly rotation set forth in Section 3.2 of this Agreement. In the event of a conflict between the regular weekly rotation and the holiday schedule, the holiday schedule shall control.
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 commencing custody shall pick the Children up from school at dismissal. In this manner, the Children's school serves as the neutral transition point, and direct contact between the Parties at the time of transitions is minimized.
(b) Non-School-Day Transitions. During non-school days (including weekends, holidays, Summer Break, and school vacation periods), transitions shall occur at 10:00 a.m. at the residence of the parent relinquishing custody, unless otherwise agreed in writing by the Parties. The parent commencing his or her custodial period shall pick up the Children at the residence of the relinquishing parent.
(c) Transportation Responsibility. Each parent shall be responsible for transporting the Children to his or her own residence at the start of that parent's custodial period. Both parents shall ensure that appropriate car seats and safety restraints are properly installed and used in any vehicle used to transport the Children.
(d) Timeliness. Both parents shall ensure that the Children are ready for pick-up at the designated transition time. Neither parent shall be more than thirty (30) minutes late for a scheduled transition without providing advance notice to the other parent. Chronic tardiness (defined as being more than thirty (30) minutes late on three or more occasions within any sixty (60) day period) may be referred to the Parenting Plan Coordinator.
(e) Conduct During Transitions. Both parents shall conduct themselves in a courteous, respectful, and civil manner during all transitions. Neither parent shall engage in arguments, confrontations, or discussions of disputed issues in the presence of the Children during transitions.
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) calendar days in advance of the proposed move, in writing, consistent with the requirements of California Family Code Section 3024. Such notice shall include the proposed new address, the reasons for the proposed relocation, and a proposed revised custody and visitation schedule. In the event that the non-relocating parent objects to the proposed relocation, the relocating parent shall not proceed with the move until the matter has been resolved by agreement of the Parties or by order of the Court. Any relocation in violation of this Section shall be grounds for a modification of this Agreement and may be considered by the Court in determining the Children's best interests.
ARTICLE IV — HOLIDAY AND VACATION SCHEDULE
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 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 through December 27 at 10:00 a.m.). Respondent shall have custody of the Children for the second half of winter break (commencing December 27 at 10:00 a.m. through the day before school resumes at 6:00 p.m.) and spring break (commencing on the last day of school before spring break at school dismissal through the day before school resumes at 6:00 p.m.).
(b) Odd-Numbered Years (2025, 2027, etc.): The schedule shall reverse, with Respondent having Thanksgiving and the first half of winter break, and Petitioner having the second half of winter break and spring break, at the same times set forth above.
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 (Mother's Day) at 6:00 p.m. Father's Day custody shall commence on Saturday at 10:00 a.m. and continue through Sunday (Father's Day) at 6:00 p.m.
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. The non-custodial parent on the Child's birthday shall have the right to a two (2) hour in-person visit with the birthday Child, or, if an in-person visit is not practicable, a video call of reasonable duration, at a mutually agreed time that does not interfere with any birthday celebration planned by the custodial parent.
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
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 Children before engaging a third-party caregiver, family member, or other substitute caretaker. The following procedures shall apply:
(a) Notice. The offering parent shall provide the other parent with as much advance notice as is reasonably practicable under the circumstances, and in no event fewer than twenty-four (24) hours' notice when circumstances permit. Notice may be given by email, text message, or through the mutually agreed co-parenting application.
(b) Response. The other parent shall respond to the offer within four (4) hours of receiving the offer. If the other parent does not respond within the four (4) hour period, the offer shall be deemed declined, and the offering parent may make alternative childcare arrangements.
(c) Acceptance. If the other parent accepts the offer, the Parties shall cooperate to arrange the transition of the Children at a mutually convenient time and location. The accepting parent's time with the Children under this Section shall not be counted as additional custodial time for purposes of calculating the timeshare or child support.
(d) Scope. This right of first refusal applies only to the Parties and does not confer any right upon grandparents, stepparents, or other third parties. The right of first refusal does not apply when the Children are in the care of Ridgeview Academy during regular school hours, or when the Children are participating in previously scheduled extracurricular activities.
Detailed provisions governing the right of first refusal are set forth in Exhibit B, which is attached hereto and incorporated herein by reference.
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. In the event that the non-traveling parent withholds consent, the parent seeking to travel may petition the Court for authorization. The requirement of prior written consent shall not apply to travel within the continental United States.
(b) Domestic Travel Outside California. If either parent intends to travel with the Children outside the State of California but within the continental United States, that parent shall provide the other parent with no fewer than fourteen (14) calendar days' advance written notice.
(c) Content of Travel Notice. All written travel notices required under this Section shall include the following information: (i) the destination(s) of travel; (ii) the dates of departure and return; (iii) the mode of transportation; (iv) the name, address, and telephone number of the accommodations (hotel, rental property, or residence) at the destination; (v) a general itinerary; and (vi) emergency contact information for the traveling parent and any accompanying adult.
(d) Emergency Contact. While traveling with the Children, the traveling parent shall remain reachable by telephone at all times and shall promptly respond to communications from the other parent regarding the Children.
Detailed provisions governing the travel notice protocol are set forth in Exhibit B, which is attached hereto and incorporated herein by reference.
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 make the passports available to Respondent in a timely manner for any approved international travel during Respondent's custodial time. Neither parent shall surrender, cancel, or fail to renew the Children's passports without the other parent's written consent.
ARTICLE VI — ON-LOCATION WORK PROVISIONS
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 engagement requiring travel away from the Los Angeles metropolitan area for more than fourteen (14) consecutive calendar days, his scheduled custodial time for those days shall temporarily transfer to Petitioner (Mother), who shall have sole physical custody of the Children during the period of Respondent's absence. The following provisions shall apply:
(a) Notice. Respondent shall provide Petitioner with written notice of such On-Location Work commitment as soon as reasonably practicable after accepting the engagement, and in no event fewer than fourteen (14) calendar days before Respondent's departure, when possible. If Respondent receives less than fourteen (14) calendar days' notice of the engagement from his employer or client, Respondent shall provide notice to Petitioner immediately upon learning of the engagement.
(b) Make-Up Time. Respondent shall be entitled to make-up custodial time equivalent to the number of overnights lost as a result of the temporary transfer of custody under this Section. Such make-up time shall be scheduled by mutual agreement of the Parties within sixty (60) calendar days of Respondent's return to the Los Angeles metropolitan area. The Parties shall cooperate in good faith to schedule make-up time in a manner that minimizes disruption to the Children's school schedule and routine.
(c) Remote Contact. During any period of On-Location Work, Respondent shall have the right to daily telephone or video contact with the Children at reasonable hours, as set forth in Section 7.2 of this Agreement.
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 for those days shall temporarily transfer to Respondent (Father), who shall have sole physical custody of the Children during the period of Petitioner's absence. The same notice requirements, make-up time provisions, and remote contact rights set forth in Section 6.1 shall apply to Petitioner on a reciprocal basis.
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, and that temporary adjustments to the timeshare resulting from On-Location Work were anticipated and factored into the agreed child support amount.
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 resolution, or if the repeated absences constitute a material change in circumstances, either Party may file a motion with the Court seeking modification of this Agreement. Nothing in this Section shall limit either Party's right to seek modification of the parenting plan pursuant to California Family Code Section 3087 upon a showing of changed circumstances.
ARTICLE VII — COMMUNICATION AND CO-PARENTING PROVISIONS
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 as to maintain a clear written record of all communications. The Parties shall select and begin using a mutually agreed co-parenting application within thirty (30) days of the execution of this Agreement. Telephone or video communication is permitted for urgent matters that require immediate discussion, but the substance of any such conversation shall be confirmed in writing within twenty-four (24) hours thereafter. Both parents shall refrain from using the Children as messengers or intermediaries to communicate with the other parent.
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 Children have access to a telephone or video device for such communication, and shall not monitor, record, interrupt, or interfere with such calls in any manner. Neither parent shall coach the Children before or debrief the Children after any call with the other parent. Neither parent shall disparage, demean, or speak negatively about the other parent in the presence or hearing of the Children, or permit family members, household members, friends, associates, or any other third parties to do so in the presence or hearing of the Children.
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 encouraged to communicate directly with the Children's school (Ridgeview Academy), healthcare providers, therapists, counselors, and extracurricular activity administrators and coaches, and each parent shall execute any necessary authorizations to ensure the other parent's access to such information and professionals. Neither parent shall instruct any school official, healthcare provider, or other professional to withhold information from the other parent.
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-appropriate and sensitive to the Children's emotional well-being. Neither parent shall permit a new romantic partner to assume a parental role or discipline the Children. Neither parent shall have a new romantic partner stay overnight in the same residence as the Children until the relationship has been ongoing for at least twelve (12) months and the other parent has been given reasonable notice. Disputes regarding the introduction of new partners may be referred to the Parenting Plan Coordinator pursuant to Article IX.
ARTICLE VIII — EDUCATION
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 administration, attend parent-teacher conferences, participate in school events, and fulfill all parental obligations required by the school.
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 the Child Support Agreement of even date herewith. Under the terms of the Child Support Agreement, Petitioner shall be responsible for seventy percent (70%) of the combined annual tuition (Forty-One Thousand Four Hundred Forty Dollars ($41,440.00)), and Respondent shall be responsible for thirty percent (30%) of the combined annual tuition (Seventeen Thousand Seven Hundred Sixty Dollars ($17,760.00)). Tuition amounts are subject to annual adjustment based on the tuition schedule published by Ridgeview Academy, with the seventy/thirty (70/30) cost-sharing ratio remaining in effect unless modified by agreement of the Parties or order of the Court.
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 Parties are unable to reach agreement regarding a proposed change of school, Petitioner's educational tie-breaking authority under Section 2.2 shall apply, subject to the consultation and notice requirements set forth therein. Either Party shall have the right to seek review of any such decision through the Parenting Plan Coordinator pursuant to Article IX, or by motion to the Court.
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 without the other parent's prior consent. Cost-sharing for extracurricular activities is governed by the Child Support Agreement, which generally provides for a seventy/thirty (70/30) cost-sharing ratio consistent with the tuition cost-sharing provisions.
ARTICLE IX — PARENTING PLAN COORDINATOR
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 intended to provide the Parties with a readily accessible, cost-effective, and efficient mechanism for resolving day-to-day disputes arising under this Agreement without the necessity of formal court proceedings.
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 of first refusal provisions; and any other matters within the scope of this Agreement that the Parties are unable to resolve through direct communication. The PPC shall not have the authority to modify, amend, or alter the terms of this Agreement or the Child Support Agreement, and shall not have the authority to make binding decisions on behalf of the Parties unless the Parties agree otherwise in writing with respect to a specific dispute. The PPC shall serve in an advisory and facilitative capacity only. Recommendations of the PPC shall not be binding upon either Party unless the Parties expressly agree in writing to be bound by such recommendation.
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 shall make reasonable efforts to schedule a session with both Parties within ten (10) business days of receipt of the request. Each Party shall participate in the PPC session in good faith, with a genuine willingness to consider the other Party's perspective and to work toward a resolution that serves the Children's best interests. If the PPC is unable to facilitate a resolution within two (2) sessions (unless the Parties agree to additional sessions), either Party may then seek court intervention.
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) per hour, and that the PPC may adjust his rate from time to time upon reasonable notice to the Parties.
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 replacement PPC. Pending the appointment of a replacement, the dispute resolution procedures set forth in this Article IX shall remain in effect, and the Parties may utilize any qualified family mediator or therapist on an interim basis by mutual agreement.
ARTICLE X — HEALTHCARE
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 that Petitioner's employer-sponsored health insurance becomes unavailable or prohibitively expensive, the Parties shall cooperate to obtain comparable coverage for the Children and shall share the cost of such coverage in accordance with the cost-sharing ratio set forth in the Child Support Agreement. Respondent shall maintain any health insurance available to him through his employment and shall promptly notify Petitioner if such coverage becomes available for the Children, so that the Parties may evaluate the most cost-effective and comprehensive coverage option.
Section 10.2 — Unreimbursed Medical Expenses. All unreimbursed and out-of-pocket medical, dental, orthodontic, vision, and mental health expenses for the Children (including co-pays, deductibles, and expenses not covered by insurance) shall be shared by the Parties in the following proportions: Petitioner shall pay seventy percent (70%) and Respondent shall pay thirty percent (30%), as set forth in and governed by the Child Support Agreement. The parent who incurs or pays an unreimbursed medical expense shall provide the other parent with documentation (including receipts, explanation of benefits, and/or invoices) within thirty (30) days of incurring the expense, and the other parent shall reimburse his or her share within thirty (30) days of receipt of such documentation.
Section 10.3 — Notice of Medical Treatment. Each parent shall notify the other parent within twenty-four (24) hours of any non-routine medical treatment, emergency room visit, urgent care visit, hospitalization, surgical procedure, or prescription medication change (including the initiation, discontinuation, or dosage change of any medication) for either Child. Such notice shall include the nature of the treatment, the healthcare provider's name and contact information, and any instructions or follow-up care requirements. In the case of a genuine medical emergency, the parent present with the Child shall prioritize the Child's immediate medical needs and shall notify the other parent as soon as reasonably practicable thereafter.
ARTICLE XI — CHILD SUPPORT
Section 11.1 — Cross-Reference. The Parties' child support obligations are set forth in the separate Child Support Agreement dated January 31, 2024, which is attached to and incorporated into the Stipulation for Judgment to be filed with the Court contemporaneously with this Agreement. The Child Support Agreement is incorporated herein by reference. The terms of the Child Support Agreement shall be enforceable as a court order upon entry of the Stipulated Judgment.
Section 11.2 — Key Terms. For purposes of reference and completeness, the key terms of the Child Support Agreement are summarized as follows (in the event of any conflict between this summary and the Child Support Agreement, the Child Support Agreement shall control):
(a) Agreed Child Support. Petitioner shall pay to Respondent the sum of One Thousand One Hundred Dollars ($1,100.00) per month as and for child support for the benefit of the Children, payable on the first day of each calendar month.
(b) Guideline Calculation. The guideline child support amount calculated pursuant to California Family Code Section 4055, based on the Parties' respective incomes and the custodial timeshare established by this Agreement, is One Thousand Two Hundred Seventy-Four Dollars ($1,274.00) per month.
(c) Deviation. The agreed child support of $1,100.00 per month represents a deviation of One Hundred Seventy-Four Dollars ($174.00) per month below the guideline amount, which deviation is made pursuant to California Family Code Section 4057(b) and is based upon the specific circumstances set forth in the Child Support Agreement.
(d) Income Figures. Petitioner's gross monthly income: Seventy-Two Thousand Five Hundred Dollars ($72,500.00). Respondent's imputed gross monthly income: Twenty-Eight Thousand Three Hundred Thirty-Three Dollars ($28,333.00). Combined gross monthly income: One Hundred Thousand Eight Hundred Thirty-Three Dollars ($100,833.00).
(e) Annual Review. The child support obligation shall be subject to review on the anniversary of the order or upon a material change in circumstances, which shall include, without limitation, an increase or decrease in either Party's income exceeding fifteen percent (15%) or a change in the custodial timeshare exceeding ten percentage points (10%).
ARTICLE XII — CONFIDENTIALITY AND NON-DISPARAGEMENT
Section 12.1 — Confidentiality. Neither Party shall disclose the financial terms of this Agreement or the Child Support Agreement, the contents of Dr. Elena V. Sorensen's custody evaluation report dated October 6, 2023, or the substance of the mediation sessions conducted before the Honorable Constance M. Yee (Ret.), to any third party, except as follows:
(a) Disclosure to each Party's respective legal counsel, tax advisors, accountants, financial advisors, and insurance providers, as reasonably necessary for the performance of their professional duties;
(b) Disclosure required by a valid court order, subpoena, or other compulsory legal process, provided that the disclosing Party shall give the other Party prompt written notice of such requirement and shall cooperate in seeking a protective order or other appropriate relief to limit the scope of disclosure;
(c) Disclosure to the Parenting Plan Coordinator as reasonably necessary for the performance of his duties under Article IX; and
(d) Disclosure to Minor's Counsel in connection with her ongoing representation of the Children's interests.
Section 12.2 — Non-Disparagement. Neither Party shall make disparaging, derogatory, or defamatory statements about the other Party to any third party, on any social media platform (including but not limited to Northpoint Services Inc., Ashford Systems, Kestrel Services Inc., Dunmore & Co., Westmark Health IT, Crowne Albany Partners LLC, and personal blogs), in any interview with media outlets, or in any other public forum. Neither Party shall permit family members, friends, household members, associates, or any other persons within that Party's reasonable control to make such statements in the presence of the Children. Both Parties shall exercise reasonable diligence to remove or cause the removal of any disparaging content posted by third parties at their direction or instigation.
Section 12.3 — Sealed Court File. The Parties acknowledge and agree that the court file in Case No. 22STFL09847 has been sealed pursuant to California Rules of Court, Rule 2.550 et seq., by stipulation and order filed July 14, 2023, and that both Parties shall take all reasonable steps to maintain the confidentiality of the sealed file and all documents contained therein. The Parties further acknowledge that both Petitioner and Respondent are public-facing professionals in the entertainment industry — Petitioner in her capacity as Senior Vice President, Original Content Development at Luminos Entertainment Group, Inc., and Respondent in his capacity as a freelance cinematographer and director of photography — and that the Children's privacy interests are of paramount importance. Neither Party shall voluntarily disclose the existence or contents of the sealed court file to any media outlet, entertainment industry publication, or member of the public.
Section 12.4 — Remedies for Breach. In the event of a breach or threatened breach of the confidentiality or non-disparagement provisions of this Article XII, the non-breaching Party shall be entitled to seek injunctive relief (including temporary restraining orders and preliminary injunctions) from the Court, without the necessity of posting a bond, in addition to any other remedies available at law or in equity. The prevailing Party in any proceeding to enforce the provisions of this Article XII shall be entitled to recover reasonable attorney's fees and costs incurred in connection with such proceeding.
ARTICLE XIII — GENERAL PROVISIONS
Section 13.1 — Entire Agreement. This Agreement, together with the Child Support Agreement dated January 31, 2024, Exhibit A (Holiday and Vacation Schedule), and Exhibit B (Right of First Refusal and Travel Notice Protocol), constitutes the entire agreement between the Parties with respect to the custody, visitation, and parenting of the Children, and supersedes all prior and contemporaneous oral or written agreements, understandings, representations, and negotiations between the Parties with respect to such matters, including the temporary custody order entered May 30, 2023. This Agreement does not supersede, modify, or amend any other provisions of the Dissolution Judgment entered November 3, 2022, except as to matters of custody, visitation, and child support that are expressly addressed herein and in the Child Support Agreement.
Section 13.2 — Amendments and Modifications. This Agreement may be modified, amended, or supplemented only by a written instrument signed by both Parties and, to the extent required by applicable law or court rule, approved by the Court. No oral modification, amendment, or waiver shall be effective for any purpose. The Parties acknowledge that any modification of custody or child support must be supported by a showing of changed circumstances as required by California law.
Section 13.3 — Severability. If any provision of this Agreement, or the application of any provision to any person or circumstance, is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and the remaining provisions shall continue in full force and effect. In the event of such a determination, the Parties shall negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid and enforceable provision that, to the greatest extent possible, achieves the Parties' original intent.
Section 13.4 — Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, including without limitation the California Family Code, the California Rules of Court, and all applicable case law. To the extent any provision of this Agreement is inconsistent with mandatory provisions of California law, California law shall control.
Section 13.5 — Jurisdiction and Venue. The Superior Court of California, County of Los Angeles, shall retain continuing and exclusive jurisdiction over this Agreement and all matters arising hereunder, including without limitation the interpretation, enforcement, and modification of this Agreement, in accordance with California Family Code Section 3421 et seq. and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Section 13.6 — Notices. All notices, requests, demands, consents, and other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given when: (a) delivered personally to the intended recipient; (b) sent by nationally recognized overnight courier service (such as Severin Partners LLC or Halcyon Partners LLC) with tracking confirmation; or (c) sent by email with confirmation of receipt (either by read receipt or by responsive email confirming receipt). Notices shall be directed to the Parties at the following addresses:
If to Petitioner: Marguerite Delphine Fonseca 1742 Laurel Canyon Boulevard, Unit 3A Studio City, California 91604
Email: [on file with counsel]
With a copy to Petitioner's Counsel: Calderwood & Harkness LLP
Attn: Devon Archer
777 South Flower Street, Suite 3400 Los Angeles, California 90017
Email: [on file]
If to Respondent: Rafael Joaquín Medrano 609 Moorpark Street, Apt. 12 North Hollywood, California 91602
Email: [on file with counsel]
With a copy to Respondent's Counsel: Kwan, Delacroix & Samuels LLP
Attn: Gwendolyn R. Kwan
4400 Riverside Drive, Suite 700 Burbank, California 91505
Email: [on file]
Either Party may change their address for notices by providing written notice of the new address to the other Party and to counsel in accordance with this Section. Any such change of address shal