Thomas (H) and Linda (W) were married and had three children. H filed a petition to dissolve the marriage and that he be awarded custody of the children. W filed for joint legal custody with physical custody to her. H motioned for a protective order from the custom of having the issue of custody submitted to a mediator as by law, and if that issue was not agreed upon, then the mediator would come before the court and give his recommendation of custody without cross-examination. That protective order was denied. H then petitioned for a writ of prohibition restraining the court from taking any further action to enforce is courtroom procedures of not allowing cross-examination. The writ made its way to the Supreme Court of California.

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