Respondent OSC for Exchanges - Fixfamilycourtnow.org

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name,Bar number, and address):-CAROLE D. BALDWIN, CFLS 213310BALDWIN & BALDWIN9171 TOWNE CENTRE DRIVE, SUITE 440SAN DIEGO, CA 92122TELEPHONE NO.: 858.452.2898FAX NO. (Optional):E-MAIL ADDRESS (Optional):ATTORNEY FOR (Name): MICHAEL J. CALDWELLSAN DIEGOSTREET ADDRESS: 250 EAST MAIN STREETMAILING ADDRESS: SAMECITY AND ZIP CODE: EL CAJON, CA 92020BRANCH NAME: EAST COUNTY DIVISIONPETITIONER/PLAINTIFFGINNY L. CALDWELLSUPERIOR COURT OF CALIFORNIA, COUNTY OFRESPONDENT/DEFENDANT:MICHAEL J. CALDWELL1'0,16 7FOR COURT USE ONLYFL-300ORDER TO SHOW CAUSE3. THE COURT FURTHER ORDERS that a completed Application for Order and Supporting Declaration (form FL-310), a blankResponsive Declaration (form FL-320), and the following documents be served with this order:a. (1) D Completed Income and Expense Declaration (form FL-150) and a blank Income and Expense Declaration(2) La Completed Financial Statement (Simplified) (form FL-155) and a blank Financial Statement (Simplified)(3) La Completed Property Declaration (form FL-160) and a blank Property Declaration(4) D Points and authorities(5) D Other (specify):b. 0 Time for D service I:3 hearing is shortened. Service must be on or before (date):Any responsive declaration must be served on or before(date):c. D You are ordered to comply with the temporary orders attached.d. LI Other (specify): Iv c" eyvv,N.(.1Date:AUG 1 7 2011D MODIFICATIONLa Child Custody 0- Visitation D Injunctive OrderD Child Support D Spousal Support al Other (specify):1::3 Attorney Fees and Costs EXCHANGES, ETC.CASE NUMBER:ED 047912-EPK1. TO (name) :GINNY EDMUNDS2. YOU ARE ORDERED TO APPEAR IN THIS COURT AS FOLLOWS TO GIVE ANY LEGAL REASON WHY THE RELIEF SOUGHTIN THE ATTACHED APPLICATION SHOULD NOT BE GRANTED. If child custody or visitation is an issue in this proceeding,Family Code section 3170 requires mediation before or concurrently with the hearing listed below.a. Date: 10 - 20 kl Time: 1 LSDept.: (2?b. The address of the court is 01 same as noted above 0 other (specify):c. La The parties are ordered to attend custody mediation services as follows:JUDICIAL OFFICER12:1 Room:Evan P. KirvinNOTICE: If you have children from this relationship, the court is required to order payment of child support based on theincomes of both parents. The amount of child support can be large. It normally continues until the child is 18. You shouldsupply the court with information about your finances. Otherwise, the child support order will be based on theinformation supplied by the other parent.You do not have to pay any fee to file declarations in response to this order to show cause (including a completedIncome and Expense Declaration (form FL-150) or Financial Statement(Simplified) (form FL-155) that will show yourfinances). In the absence of an order shortening time, the original of the responsive declaration must be filed with thecourt and a copy served on the other party at least nine court days before the hearing date. Add five calendar daysif you serve by mail within California. (See Code of Civil Procedure 1005 for other situations.) To determine court andcalendar days, go to www.courtinfo.ca.goviselfhelp/courtcalendarsZRequests for AccommodationsForm Adopted for Mandatory UseJudicial Council of CaliforniaFL-300 [Rev. January 1, 2007]Martin Dcan'sESSENTIAL FORMS-Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at leastfive days before the proceeding. Contact the clerk's office or go to www.courtinfo.ca.gov/forms for Request for Accommodationsby Persons With Disabilities and Response (Form MC-410). (Civil Code, § 54.8)ORDER TO SHOW CAUSECALDWELLPage 1 of 1Family Code, §§ 215, 270 et seq.. 3000 etseq., 3500 et seq., 4300www.courtinfo.ca.gov

PETITIONER/PLAINTIFF: GINNY L. CALDWELLRESPONDENT/DEFENDANT: MICHAEL J. CALDWELLCASE NUMBER:ED 047912-EPKFL-310D ATTORNEY FEES AND COSTS a. 0 Fees: $ b. 0 Costs: $D PROPERTY RESTRAINTZI To be ordered pending the hearinga. The 0 petitioner D respondent La claimant is restrained from transferring, encumbering, hypothecating,concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, orseparate, except in the usual course of business or for the necessities of life.D The applicant will be notified at least five business days before any proposed extraordinary expenditures,and an accounting of such will be made to the court.b. D Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing of, orchanging the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability,held for the benefit of the parties or their minor children.c. D Neither party may incur any debts or liabilities for which the other may be held responsible, other than in theordinary course of business or for the necessities of life.7. 0 PROPERTY CONTROL D To be ordered pending the hearinga. D The petitioner D respondent is given the exclusive temporary use, possession, and control of the followingproperty that we own or are buying (specify):b. D The petitioner 1-jj respondent is ordered to make the following payments on liens and encumbrances comingdue while the order is in effect:Debt Amount of payment Pay to8. ZI OTHER RELIEF (specify):I am requesting orders for how to handle the exchanges of our children. Specifically, I am asking that one location bedesignated for the exchange, that Petitioner not come to the school to pick up the children on my custodial days, thatPetitioner not schedule activities during my parenting time and that another evening be selected for my mid-week parentingtime due to activities already scheduled by Petitioner. See attached declaration for more specific requests.9. D I request that time for service of the Order to Show Cause and accompanying papers be shortened so that these documentsmay be served no less than (specify number):days before the time set for the hearing. I need to have the ordershortening time because of the facts specified in item 10 or the attached declaration.10. El FACTS IN SUPPORT of relief requested and change of circumstances for any modification are (specify):all Contained in the attached declaration. (You may use Attached Declaration (form MC-031) for this purpose).I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Date:MICHAEL CALDWELLFL-310 [Rev. July 1, 2011)c(A-bciteS(TYPE OR PRINT NAME)(SIGNATURE OF APPLICANT)APPLICATION FOR ORDER AND SUPPORTING DECLARATIONESSENTIAL FORMS-CALDWELLPage 2 of 2

08/15/2011 11:56 619749366 CS IDENT I TYPAGE 01/01PETITIONER/PLAINTIFF: GINNY1, CALDWELLRESPONDENT/DEFENDANT: MICHAEL J. CALDWELL5. p ATTORNEY FEES AND COSTS a. ❑ Fees: $CASE NUMBER:ED 047912-EPKb. 1,-,a Costs: $FL-310CD PROPERTY RESTRAINT ❑ To be ordered pending the hearinga. The ca petitioner 0 respondent ❑ claimant is restrained from transferring, encumbering, hypothecating,concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, orseparate, except in the usual course of business or for the necessities of life.El The applicant Will be notified at least five business days before any proposed extraordinary expenditures,and an accounting of such will be made to the court.b. Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing of, orchanging the beneficiaries of any Insurance or other coverage, Including life, health, automobile, and disability,held for the benefit of the parties or their minor children.c. Q Neither party may incur any debts or liabilities for which the other may be held responsible, other than in theordinary course of business or for the necessities of life.7. PROPERTY CONTROL 0 To be ordered pending the hearinga. El The petitioner 1:3 respondent Is given the exclusive temporary use, possession, and control of the followingproperty that we own or are buying (specify):b. zi The petitioner Q respondent is ordered to make the following payments on liens and encumbrances comingdue while the order is in effect:Debt Amount of payment Pay to8, El OTHER RELIEF (specify):I am requesting orders for how to handle the exchanges of our children. Specifically, I am asking that one location bedesignated for the exchange, that Petitioner not come to the school to pick up the children on my custodial days, thatPetitioner not schedule activities during my parenting time and that another evening be selected for my mid -week parentingtime due to activities already scheduled by Petitioner. See attached declaration for more specific requests.9. 0 I request that time for service of the Order to Show Cause and accompanying papers be shortened so that these documentsmay be served no less than (specify number)!days before the time set for the hearing. I need to have the ordershortening time because of the facts specified in item 10 or the attached declaration.10. El FACTS IN SUPPORT of relief requested and change of circumstances for any modification are (specify):Contained in the attached declaration, (You may use Attached Declaration (form MC-031) for this purpose).I declare under penalty f perjury under the laws of the State of California that the foregoing is true and correct,Date: F /5- //MICHAEL CAI DWFLI 0 /FL-310 !Rev. Aty 1, 20111(TYPE OR PRINT NAME)(SIGNATURE OF APPLICANT)APPLICATION FOR ORDER AND SUPPORTING DECLARATIONEiSENTLAL ForCALDWELLP>tpt2pt2

123IN RE MARRIAGE OF CALDWELL — ED 047912ATTACHMENT 10 TO APPLICATION FOR ORDER - EXCHANGESRELIEF REQUESTED45678910111213Iam requesting the following orders:1. the court designate one location for exchanges of our children;2. Petitioner not be permitted to pick up the children from school orother activities on my custodial days;3. Petitioner not be permitted to schedule activities for the children duringmy parenting time without my prior written consent;4. the court select another evening for my mid-week parenting time dueto activities already scheduled for the children by Petitioner; and5. Petitioner not to discuss with the children activities she has planned forher family during my parenting time.14151617BACKGROUND AND BASIS FOR RELIEF REQUESTEDOn December 15, 2010, the court granted Petitioner's ("Ginny's") request forprimary physical custody of our daughters, Kira and Kessa. The order for my parentingtime was alternating weekends from Friday after school until drop off at school on18Monday mornings. Iam also supposed to have Wednesdays from 5:30 to 8:00 p.m.192023.One of the first things Ginny did at the beginning of the year was to enroll Kessain baseball on Wednesdays. I have asked her to switch my mid-week visitation toanother night but she has refused. I support extra-curricular activities for all the children22as long as they are doing well in school, but Ihave such limited time for the mid-week23visit that Iam requesting that Ginny not be permitted to schedule any activities for the24252627children during that time. If the activity the children are interested in is only available onWednesdays, then I am requesting that I have the option to select another evening formy mid-week parenting time. Another alternative would be for my midweek parentingtime to be made into an overnight. I have moved from Ramona to University City, and I28am now living with my mother. Iwanted to be closer to the children, and after myATTACHMENT 10 TO APPLICATION FOR ORDER - EXCHANGES1

12345678910111213141516171819202122232425262728father's death I wanted to be there for my mother.There have also been numerous problems with the location for the exchanges.Ginny will tell me to pick up the children in one place but when I arrive they aresomewhere else. She expects me to pick up the three children from three differentplaces. She will tell me to make arrangements directly with the children but then shechanges their plans. I do not think this is a matter that should be arranged with thechildren. I am tired of the wild goose chase. It is a waste of my limited time with thechildren. I would like one location designated for the exchanges of all the children. Iam requesting that Ginny deliver the children to my home in University City. I will returnthem to her home or the children's schools.Another very significant issue is Ginny coming to Kessa's school on Fridayswhen it is my weekend. Kessa claims that she does not want to go with me. She nevergives me a reason except the other children are not required to go. She calls Ginnywho comes to pick her up. At the hearing in December the court specifically told Ginnythat she needed to make sure that Kessa went with me. I am not at all surprised thatGinny has continued to interfere and do anything but encourage my relationship withKessa or any of the children. I am requesting that Ginny not be permitted at the schoolor other exchange location when it is the start of my parenting time. She needs tomake it clear to Kessa that she has to go with me. I have no chance to have a realrelationship with Kessa if I am not given the opportunity to actually spend any qualitytime with her. I have not seen Kessa for a long time because of Ginny's interference.I am requesting that Ginny not be permitted to discuss with the children activitiesshe is doing with her family, including their step-siblings, during my time with thechildren. I am also requesting that, when the children are with me, Ginny not bepermitted to call the children and invite them to an event or tell them about the activitiesthat they are doing and what they are missing. Ginny uses the calls to tell Kessa aboutthe activities that they are doing and what she will be missing. Ginny does not tell me inadvance if there is something special going on like a friend's birthday, so I do not haveATTACHMENT 10 TO APPLICATION FOR ORDER - EXCHANGES2

1234567891013.12the opportunity to arrange to take Kessa myself or flip weekends with Ginny. She willput me on the spot when I pick up the children or call them while they are with me toinvite them to have dinner at their favorite restaurant with the other children. Therehave been a few occasions when I heard at the last minute about a special event and Isuggested that we swap weekends so Kessa could go with Ginny and her family butGinny refused. This only frustrates my relationship with Kessa who thinks I am themean one for not letting her go.Ginny has stated in the past that I do not love the children and that I do not reallyhave anything to offer them as a father. I have no doubt that she discusses thelitigation with them. Cody has refused to return my calls or e-mails since the hearing onJune 2 when the court made a monetary judgment against Ginny. I only want to have arelationship with all my children but Ginny makes it impossible.1314END OF DECLARATION1516171819202122232425262728ATTACHMENT 10 TO APPLICATION FOR ORDER - EXCHANGES3