Preview
St 5 FL-300
[PARTY WITHOUT ATTORNEY OR ATTORNEY: BTATEBAR NO2R928B
NAW: Rafael Carrillo SUPERIOR EOP t
USEONLY
FirMnawe: CARRILLO LAW CENTER APC
jsraeer appress:333 2, Channel Strect c
cry: STOCKTON STATE CA, mp cope 95202 FY BEE
7 HS PH 1:35
TELEPHONENO: (209) 900-2100 FAK NO.(209) 748-4972
peng ee
E-MAIL ADDRESS: ralph@carrillo2.com wih Page be CL 4
JATTORNEY FOR (name): Francisco Ortiz, AA
ISUPERIOR COURT OF CALIFORNIA, COUNTYOF SAN JOAQUIN:
[STREET ADORESS: 180 B, Weber Avenue Uh TE Hey
MAILING ADDRESS: 180 E, Weber Avenue
[crv AND Zin. CODE: Stockton, 95202
RANCH NAME: Stockton Courthouse
PETITIONER: Francisco Ortiz
RESPONDENT: Maribel Banuelos Angulo
OTHER PARENT/PARTY:
REQUEST FOR ORDER [__] CHANGE (-) TEMPORARY EMERGENCY ORDERS CASE NUMBER:
Child Gustedy (22) Visitation (Parenting Time) (—) Spousal or Partner Suppart
[1 Child Support [7_] Domestic Violence Order (—) Attorney's Fees and Costs Fi. 2023-64
[/) Property Control [~] Other (spacity):
NOTICE OF HEARING
1 TO (name(s): Maribel Banuelos Angulo.
[1] Petitioner (XJ Respondent [_] Other Parent/Party [—] Other (specify):
A COURT HEARING WILL BE HELD AS FOLLOWS;
a, Date: F 0s Tina: TCO Pwr [] Dept: 24 A () Roam:
b. Address E 38 same as noted above [_] other (spacify):
hi
¥4
WARNING to the person served with the Request for Order: The court may make the requested orders without you if you do
not file a Responsive Declaration to Request for Order {form FL-320), serve a copy on the other parties at least nine court days
before the heating (uniess the court has ordered a shorter period of time), and appaar at tha hearing. (Sae form FL-320-INFO for
more information.)
(Forms EL-300-/NFO and DV-400-INFO provide information about completing this form.)
COURT ORDER
Jt is ordered that; {POR COURT USE ONLY)
4, ([) Time [_] forservice () unt! tha hearing is shortened, Service must ba on or before (data):
5. [[_] A Responsive Dactaration to Request for Ordar (form FL-320) must be served on ar before (date):
6. [7] The parties must attend an appointment
for child custady mediation or child custody recommending counseling as followe
{spacify date, time, end location):
7. (£2) The orders In Temporary Emergenoy (Ex Parte) Orders (form FL-30) apply to this proceeding and must be personally
served with ail documents filed with thls Request for Order.
8, [7] Other (epacify):
BEFORE YOUR HEARING VOU
Date:
MUST ATTEND FAMILY COURT
MEDIATION ORIENTATION TODICIAL OFFICER
Pagot ota
Form Adapld for ff AT WinW.SiCOUTIS-OrOREQUESTFOR ORDER amt Gad, 652045. 2107 6224,
Govom ant Codo,
§ 20820
Gal. Rulao of Court, rule §.02
ww is.c0.g0v
Wertiow Docs Form Buisere
FL-300
PETITIONER: Francisco Ortiz OASE NUMBER:
RESPONDENT: Maribel Banuelos Angulo
[OTHER PARENT/PARTY:
REQUEST FOR ORDER
Note: Place a mark x
in front of the box that applies to your case or to your request, If you need more space, mark the box for
“attachment.” For exampla, mark “Attachment 2a" to indicate that the IIst of children's names and birth dates continues on a paper
atfached to this form. Then, on a shest of paper, list each attachment number followed by your request. At the top of the paper, write
your name, case number, and *FL-300° as a title, (You may use Attached Declaration (farm MC-034) for this purpose.)
1. [2] RESTRAINING ORDER INFORMATION
One or mors domestic violence restralning/protective orders are now in effect between (specify):
Petitioner Respondent Other Parent/Party (Aitach a copy of the orders if you have one.)
Tha orders are from the following court or courte (specify county and state):
a. (] Criminal: County/state (specify): Case No, (if known):
b. [=] Family: County/state (spacify): Case No. (if known):
c [J Juvenile: County/state (specify): Case No. (if known):
d. () Other: County/state (specify): Case No, (if known):
2. [X ] CHILD CUSTODY [] | request temporary emergency orders
[xT VISITATION (PARENTING TIME)
a. I request
that the court make orders about the following children (speoify):
(parson WHO to, (person
Child's Name Date
of Birth decides: health, education, ala); aa Whom child. lives):
Yoshwa Uriel Ortiz 11/9/2021 Petitioner Petitioner
[) Attachment
2a,
b. (5) The oidara
| request for [X} ohild custody [7X] visitation (parenting time) are:
(1) [£1 Specified In the attached forms:
C2) Form FL-305
(CC) Fomet:341(D) [) Form
(2) [J As follows (specify):
Eorm FL-314
Fin941(6) mS
CX] Form FL-342
Other (specify):
© The orders that | request ara In the best interest of tha children because (specify): (] Attachment2e,
The orders requested are supported by Petitioner's ability to provide propor care for the child, emotionally and
financially due to his stable employment and the support of his family. Since 2021, Respondent has moved to and
from Mexico and the U.S. aud Petitioner believes the lack of structure in Respondent's lifestyle has created
instability in the relationship Petitioner has with the child and the overall quality of life of the child, Respondent is
supported financially by Petitioner and claims tic instability is a result of post-partum depression. Therefore,
Petitioner believes it is in the child's best interest to bo under the care of his father.
d. ([) This ts a change from the current order for [7] child custody (__] visitation (parenting time).
(1) [-_] The order for tegal or physical custody was tiled on (date); » The court ordered (specify):
(2) [C=] The visitation (parenting time) order wae filed on (date): . The court ordered (specify):
Attachment 2d,
FL-900 [Rev. July 1, 2016) REQUEST FOR ORDER Page 2rd
FL-300
PETITIONER: Francisco Ortiz, CASE NUMBER:
RESPONDEN faribel Banuclos Angulo
OTHER PARENT/PAR’
3. [[] CHILD suPPoRT
(Note: An earnings assignment may be Issued, Sea Income Withholding for Support (form FL-195)
a [request that the court order child support as foil
i request supportfor each child ested
Child's
name and age based on the child support guidelins, (if nat by guideline)
(> Attachment3a,
b. [] | want te change a current court ordar for child support filed on (date):
The court ordered child support as follows (specify).
c, | have completed and filed with this Request for Order a current income and Expense Declaration (form EL-180) or | filed
a currant Financfal Statement (Simpiiffed) (form FL-156) because | meet the requirements to file form FL-156.
d, The court should make or change the support orders because (specify): () Attachment
34,
4. [2] SPOUSAL OR DOMESTIC PARTNER SUPPORT
(Note: An Eamings Assignment Order For Spousal or Partner Support (form FL-435) may be Issued.)
a. [7] Amount requested (monthly): $
». (] Iwantthe courte [[] change [J end the ourrent support order filed on (date).
The court ordered $ par month for support,
¢. [7] This request is to modlfy (change) spousal or partner support after entry of a judgment.
| have completed and attached Spousaf or Partner Support Declaration Altachment (form EL-157) or a declaration
that addresses the same factors covered in form FL-157.
T have completed and filed a current /ncome and Expense Decloratlen (form EL.:10) in support of my request. a
6, The court should should make, change, or end the support orders because (specity): Attachment
4e,
t
!
|
8, [7] PROPERTY CONTROL [1 I request temporary emergénoy orders
a. Tho (“] petitioner [-—] respondent [—] ather parenlparty be given exclusive temporary use, posediston, and
controj of the following property that we [—_] own orate buying [_] lease or rent (specify):
b. the (J itloner respondent [——] other parent/party be ordered to make the following payments on dabts
and liens coming due while the order is In effect
Pay to; For: Amount: § Due date:
Pay to: For: Amount: $ Due date:
Pay to: Fort Amount: $ Due data:
Pay to: For: Amount: Que date:
¢. [7] Thisis a change from the current order for property contro! filed on (data):
d, Specify in Attachment.
6d the reasons why the court should make or change the proparty control orders,
FL«B00 (Rev. duly 4, 2016] REQUEST FOR ORDER Page sata
FL-300
PETITIONER: Francisco Ortiz CASE NUNBER:
RESPONDENT: Maribel Banuelos Angulo
OTHER PARENT/PARTY:
6. [J ATTORNEY'S FEES AND COSTS . filed the following to support my request:
| request attorney's tees and costs, which total (specify amount): $
3. Acurfent income and Expense Declaration (form FL-180).
b, A Request for Attornay’s Fees and Costs Atlachment (forin FL-348) or a declaration that addreases the factors covered
In that form.
2, A Supporting Declaration for Attomey's Fees and Costs Attachment (form FL-158) or a declaration that addresses the
factora covered In that form,
7, [) DOMESTIC VIOLENCE ORDER
DV-806-INFO, How Do | Ask fara
« Donot use this form to ask for domestic violence restraining orders! Read fon
Temporary Restraining Order, for forme and Information you need to ask for domestic violence restraining orders.
* Read form
DV-400-INFO, How fo Change or End a Domestic Violsnce Restraining Order tor more Information.
a. The Restraining Order After Hearing (farm DV-130) was filed on (date):
b, Irequest thatthe court [_} change [—] end the personal conduct, stay-away, move-out orders, or other
protective orders made In Restraining Order After Hearing (form DV-130). {if you went to change the orders, complete 70.)
&. [—] | request that the court make the following changes to the restraining orders (specify): () Attachment
Zo,
d, | want the courtto change or end the orders because (specify): (_] Attachment 7¢,
8 [7] OTHER ORDERS REQUESTED (spscify): (7) Attachments.
9, [7] TIME FOR SERVICE / TIME UNTIL HEARING | urgently need:
a. (__] To serve the Requast for Order noless than (number): court days before the hearlng.
b. [_] The hearing date and service of the the Requestfor Orderto be sooner.
¢, I need the order because (specify). [5 attachmenteo
‘
:
10, x] FACTS TO SUPPORT the orders | request are listed below. The facts that | write In support and attach to this re
cannot be longer than 10 pages, unless the court gives me permission. tachment
ues 10,
Scc attachment 10,
| declare under penalty of perjury under the lawa of the State of Callfornia that the Information provided In this form and all attachments
Is true and correct.
Date: Jan 4, 2023
Francisco Ortiz
(TYPEOR PAINT NAME)
SIGNATURE OF APPLICANT)
Requests for Accammodations
Assistive liateniny
‘ou ask atleast i systems, computer-aseleted real-time captionl innf
i
a days before the pracesdi ny Contact the cler!
for Accommodations by Persons With Dlsebilit s and Response
or sign language Interpreter 5 ervices are avellable if
office of go to Wwvw, courts. ca. eyes for Requast
. (Civ, Coda, § 54,
PL.200 (Rov. duly 4, 2010] REQUEST FOR ORDER Paya dor
MC-025
SHORT TITLE: CASE NUMBER:
[— Ortiz, Francisco
Angulo, Maribel Banuclos
ATTACHMENT (Number): 10
(This Attachment may be used with any Judicial Council form.)
FL-300
Facts supporting the requested orders
Petitioner seeks primary physical and legal custody of the child as he is in good financial standing and has the flexibility to care for
him, as opposed to Respondent's current living circumstances. After the birth of the child, Respondent claims to have experienced
post-partum depression which resulted in her moving to Mexico with the child to have the support of her family. Respondent has
since moved back to the U.S. and then visited Mexico but has not returned sittce November 2022. Petitioner did nol move with
Respondent as to provide sufficient time for her to seck proper treatment, Given that Respondent has not established her living
circumstances, Petitioner belicves it is in the best interest of the child to be under his sole custody in order to have proper access to
him and provide full support for his well-being.
ui
(if the Item that this Altachment concems is made under penalty of perjury, ail statements in this Page of oy
Altachment ere made under penalty of perjury.)
(Add pages as required)
Form A\ joved for Optional Use ATTACHMENT ‘wonw.courtinfo.ca.gov
slat Counc et calorie ‘Westin
Doc bi Form Buldere
1C-025 [Rev, to Judicial Council Form
an
ip
pat
PETITIONER: Francisco Ortiz ‘CAS NUMBER:
RESPONDENT: Maribel Banuclos Angulo
OTHER PARENTIPARTY:
‘
tf
CHILD CUSTODY AND VISITATION (PARENTING TIME) APPLICATION ATTACHMENT
(oe
—This is not a court order— {
TO [7] Petition (C7) Response [X] Requestfor Order [—] Responalve Declaration to Request
[) Other (specify):
1. [EX] Custody, Custody of the minor children of the parties is requested aa follows:
Le ustodyte (person who decides Phyaleal Custoc (person
Child's Name, Di Birt!
about health, education, etc.) with whom the childilives)
Yoshua Uriel Ortiz 11/9/2021 Petitioner Petitioner 4
4!
{4
A
2. (Xx) Visitation (Parenting Time),
Note: Unlese spacifically ordered, a child's hollday schedule order has priority over the regular parenting tlme.
a, (2X) Reasonable right of parenting time (visltatlon) to the party without physical custody (not appropriate In! es
involving domestic violence).
b. [_] See the attached -page document dated (specify dats):
e. (] Toepanles will go to child custody mediation or child custody recommending counseling at (specify dafe, time, and
d, (_] Ne visitation (parenting t!me).
e. [} Vieltation (parenting time). (Specify star’ and ending date end time. if applicable, check “start of OR “atter school.")
[Petitioner's (—] Respondent's [__] Other Parent's/Party's parenting tIme (visitation) will be as follows;
(1) (7) Weekends starting (dete):
{Note: The first waskend of the month is the first weekend with e Saturday.)
] ist [ ] 2nd [ ] 3rd [ ] 4th [7] Sth weekend of the month —
start of school
CI am. p.m./if applicable, specify: after school
(day of week) (time)
at Cam p.m./ If applicable, specify: TJ start of school
(J after school
(day of week) (time)
{a) (—_) The parties will alternate the fifth weekends, with the [(_] petitioner [77] respondent
(J other parent/party having the Initial fifth weekend, which starts (date):
(b) [=] The [—) petitloner respondent other parent/party will have the fifth
weekendin [[_] odd [-_] even numbered months.
(2) (7) Alternate weekends starting (date):
start of school
from at am. p.m./if applicable, specify: after schoo!
(day of week) {time)
start of school
0 (3 am. (7) pm/it applicable, specify: after school
(day oF Weak) (ima)
(3) [7] Weekdays starting (date): start of school
rom at_____s [7] a.m. [57] p.m if applicable, epecify: after school
(day of week) ime)
am, p.m./ If applicable, specify:
[7] start of school
{__] atter school
(day of week) (time)
(4) [=] Other vieitation (parenting ime) days and restrictions are: [__] Ilsted in Attachment 2e(4)
aa follows:
Pogo of 2
Form Ay toved far Cptional Uso CHILD CUSTODY AND VISITATION (PARENTING TIME) Fandly Ceo, § 0200 steq,
dudiatal Counall
ef Caldara's Wwawecurinen gov
FL6S11 [Rev. Juy 1, 2056) APPLICATION ATTACHMENT ‘WastlewOpe& Form uléers
FL-311
PETITIONER: Francisco Ortiz ‘CASE NUMBER:
RESPONDENT: Maribel Banuelos Angulo
OTHER PARENT/PARTY:
3. [J Supervised visitation (parenting tIme).
a. If item 3 Is checked, you must attach a declaration that shows why unsupervised visitation (parenting time)
wauld be bad for your chifdren, The Judge Is required to consider supervised visitation If one parent o party Is
alleging domestic violence and Is protected by a restraining order,
[{) The porson who supervises the visitation (parenting time) muet mest the requirements lated In Declaration of
Supervised Visitation Provider (form FL-324) under Family Code § 9200.5.
| request that (name) have supetvieed visitation (parenting time)
with the minor children according to tha schedule set out on page 1.
| request that the visitation (parenting time) be supervised by (name):
who isa [7] professional [—] nonprofessional supervisor.
The supervisor's phone number Is (specify):
| request that any costs of supervision be paid as follows: petitioner: percent; respondent: percent;
other parent/parly: percent,
4 Transportation for visitation (parenting time} and piace of exchange.
a, The children will be driven only by a licensed and insured driver. The car or truck must have legal child restralnt devices.
b. [-7] Transportation to begin the visits will be provided by (name)
¢, (] Transportation from the visits will be provided by (name).
d. (7) The exchange point at the beginning of the visit will be (address):
e, (] The exchange point at the end of the visit will be (address).
ft. [) During the exchanges, the party driving the children will walt In the car and the other party will wait In hie or her
home (or exchange location) while the children go between the car and the home (or exchange location).
8. [) Other (specify):
Travel with children. The [—] petitioner [_] respondent (C—] ther parentfparty
must have written permission from the cther parent or party, or a court order, to take the children out of the following places:
3. [_] the state of California,
b, [_] the following countles (specify)
sc. [] other places (specify).
oo Ghild abduction prevention. There Is a risk that one of the partles will take the children out of California without the other
Party's permission. | request the orders set out on attached form FL-312.
([—) Chitdren’s holiday schedule, | request the holiday and vacation schedule set out on the attached (4) form FL-341(¢)
() Obher(specify);
4, [-] Additional custody provisions. | request the additional orders regarding custady set out an the attached
C1} form FL-341(D) [7] Other(specity):
8. [77] Joint legal custody provisions. | request Joint legal custody and want the additional ordare sat out on the attached
(1 form FL-344(E) [7] Other(specify):
10, [7] Other. | request tha following additional ordere (specify):
FL-31f (Rov. duly f, 2016) CHILD CUSTODY AND VISITATION (PARENTING TIME) Paya 2082
APPLICATION ATTACHMENT
FL-312
PETITIONER: Francisco Ortiz CASE NUMBER:
RESPONDENT: Maribel Banuelos Angulo
OTHER PARENT/PARTY:
REQUEST FOR CHILD ABDUCTION PREVENTION ORDERS
—This is not a court order—
TO Petition Rosponsa Request for Order [7] Responsive Declaration to Request for Order
() Cther(specify):
1, Your name: Francisco Ortiz
2, | raquest orders to prevent child abduction by (specify): [__] Petitioner Respondent [__] Other Parent/Party
3. | think that he or she might take the children without my permission to (check alf that apply):
a, (__] another county In Califomia (speaify the county):
b, (—] another state (specify the state).
a. [J a forelgn country (specify the foreigit country): Moxico
(1) [3] He or she Is a citizen of that country.
(2) He or ahe has family or emotional ties to that country (axp/am):
Respondent's fainily lives in Mexico und she has resided there in the past.
I think that he or she might take the children without my permission because he or she (check ail that apply):
a. ([7] has violated—or threatened to violate—a custody or visitation (parenting time) order in the past.
b, [XX] does not have strong ties to California.
Expialn any work, financtal, social, or family situation thet mekes it easy for the party to leave Califamia,
Respondont's family resides in Mexico.
- (2) has recently done things that make {t easy for him or herta take tha chlidren away without permission. He or she has
(check all that apply):
[J quit his or her job. [2] sold his or her home.
[1] closed a bank account. [=] ended a lease,
[) 201d oF gotten td of aesets, (7) hidden or destroyed documents,
{] applied for a passport, birth certificate, or school ar medical records
() Other (specify):
a. (77) has a history of (check all that apply and explain your ansivers In the space provided in this section):
[) domestic violence. (7 child abuse. [) not cooperating with mo in parenting
[1 taking the children without my parmisston,
Explain your anawars to item d.
a
a, (7) has a criminal racord. Expiain:
Papo tot 2
Form Adopted for Mandatory Uso REQUEST FOR CHILD ABDUCTION PREVENTION ORDERS Fondly Codo, 93048
udlatal Counel of Catiornta wanncourlsca.gor
FLB12 [Rov July t, 2018} ‘Westlow
Doe & Form Salida
“
f FL-312 pi
‘CASE NUMBER:
PETITIONER: Francisco Ostiz
RESPONDENT: Maribel Banuelos Angulo
OTHER PARENT/PARTY:
IREQUEST THE FOLLOWING ORDERS AGAINST (specify): (_] Petitioner [Xx] Respondent [—] Other Parent/Party
5. (] Supervised Visitation (Parentl ing Time)
Lask the court to order supervise d visitation (parenting time). | understand that the parson | request to supervise the visits
must meet the qualifications listed In Declaration of Supervised Visitation Provider (form FL-324)
The specific terms ara attached (chack ona): [_] formFL-311 [_] as follows:
6 [_] Post.a Bond
| ask tha courtto order the posting of a bond for $ . Ifthe party takes the children without my permission, |
can use this money ta bring the children back.
7. [| Do Not Move Without My Permission or Court Order
I ask for a court order preventing the party from moving with the children without my wiltten permission or a court ‘order,
6. [X] No Travel Without My Permission or Court Order
1 ask for a court order praventing the party from traveling with the children outside (check ail that epply):
(—] this county [2X] the United States
(1 California [) Otherfspecity):
without my written permission or a court order.
9. [_] Notify Other State
of Travel Restrictions
1 ask the court to order the party to raglatar thie ordar In the state of and praylde the
court with proof of the registration before the children can travel to that state for child visitation (parenting time).
40. (__] Turn In and Do Not Apply for Passports or Other Vital Documents
| ask for a court order (chack alf that apply):
[J teauiting the party to tum In all the children’s passports and other documents (such as visas, birth certificates, and
other documents used for travel) that are in his or her possession and control,
[1 preventing the party from applying for passports or other documents (such as visas or birth certificates) that can be
used to travel with the children.
11. [] Provide Itinerary and Other Travel Documents
If the party Is allowed to travel with the children, | ask the courtto order the party to give me before leaving (specify):
Co the children's travel itinerary.
Co copies of round-trip airline tickets,
Co addresses and telephone numbers where the children can be reached at all times.
CI an opan altline ticket for me In case the children are not returned.
Co other (specity);
42. [_] Notify Foreign Embassy or Consulate of Passport Restrictions
| ask the court fo order the party to notlfy the embassy or consulate of of this
order and to provide the court with proof of that notification within celendar days.
43, (-) Foreign Custody and Visitatlon Order
task the court to order the party to gat a custody and visitation (parenting time) order in a foreign country equal to the most
recent United States order before the children can travelto that country for vielts. | understand that forelgn orders may be
changed or enforced depending on the laws of that country.
14, [] Other (specify):
I declare under penalty of perjury under the laws of the State of California that the Information on this form fs true and correct.
'
Date: Jan 4, 2023 }aaStoo
(SIGNATURE)
FL-342 [Rov.
July 4, 2016 REQUEST FOR CHILD ABDUCTION PREVENTION ORDERS Page zor’