Marriage of Andrea M. and Gary M. CA1/5

BACKGROUND

Subsequent to their divorce, Gary and Andrea shared joint custody of their son, S., who resided with each of them on an alternating basis. Gary resided at their former marital residence in Martinez, while Andrea moved out and eventually settled in Moraga. In Moraga, Andrea lived with her fiancé, who had a daughter who attended elementary school there.

1 Gary and Andrea were unable to agree on the elementary school S. should attend beginning his kindergarten year. The trial court appointed a private recommending mediator to assist the parties in resolving ongoing parenting disputes, including the school question. Gary preferred a school located in Pleasant Hill, but Andrea wanted to enroll S. at the school in Moraga that her fiancé’s daughter was attending. The mediator recommended that S. be enrolled in the Pleasant Hill school. We grant Andrea’s unopposed request to augment the record with the mediator’s confidential recommendation. (See Cal. Rules of Court, rules 8.155(a)(1)(A), 8.45(d)(2).) Because Andrea disagreed with the mediator’s recommendation, she requested an order from the court that S. attend the Moraga school. In two declarations filed with the court,…