Marriage of Simmons CA5

BACKGROUND

The factual and procedural background of this matter is difficult to decipher as the clerk’s transcript appears to be incomplete and there is no reporter’s transcript in the record on appeal. Frank Simmons and Maria Simmons were married in 2006. They have a son (born in 2006) and a daughter (born in 2014). According to the register of actions included in the clerk’s transcript, Frank Simmons filed in the Fresno County Superior Court, a “petition for dissolution with children” on March 1, 2023. (Some capitalization omitted.) The record indicates that Maria Simmons thereafter filed, on April 24, 2023, a request for order as to child custody/visitation, child support, and spousal support (RFO). It appears Frank Simmons filed responsive declarations on May 17, 2023, July 14, 2023, and November 1, 2023. The family court held hearings on the RFO on June 21, 2023, and July 19, 2023, among other dates. After the July 19, 2023 hearing, the family court issued a minute order that noted:

2. “Court allows parties to address the court. Husband states the parties already have an upcoming mediation appointment and return from mediation court date. Today, he is here to address the…