Holversten v. Superior Court (Holversten)

PATRICK FRANCIS HOVERSTEN, Petitioner, v. THE SUPERIOR COURT OF SAN LUIS OBISPO COUNTY, Respondent; MICHELLE HOVERSTEN, Real Party in Interest. 2d Civil No. B122133 (Super. Ct. No. DR19076) (San Luis Obispo County) California Court of Appeal Second Appellate District Division Six Filed September 20, 1999 ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]
THE COURT:
        It is ordered that the opinion filed herein on August 24, 1999, be modified in the following particulars:

        1. On page 5* of the first paragraph under the heading Access to the Courts, the last sentence is deleted and the following sentence is inserted in its place:

Such obstacles, however, should not deny access to prisoners who have informed the court of their desire for a hearing to determine visitation rights.

        2. On page 8**, the second full paragraph is deleted and the following paragraph is inserted in its place:

Affording persons such as Hoversten the opportunity to participate in mediation also insures a form of access. (Marriage of McGinnis (1992) 7 Cal.App.4th 473, 478-479, disapproved on other grounds in Marriage of Burgess (1996) 13 Cal.4th 25, 36-37.) This may be problematic in counties that use confidential mediators where the court does not review the mediator's recommendations. But the court can also make its determination from declarations submitted by the parties. (Reifler v. Superior Court (1974) 39 Cal.App.3d 479, 484.) The court should also take into consideration the suitability of visitation at the prison facility where Hoversten is now housed, the San Luis Obispo Men's Colony, which is a few miles from his children's residence.

        There is no change in judgment.



*        See Daily Appellate Report of August 26, 1999, page 8794, column 1, lines 5 thru 8, sixth full paragraph..

**        See Daily Appellate Report of August 26, 1999, page 8795, column 1, second full paragraph..