How does the doctrine of res judicata apply in the context of child custody and visitation?

In the context of child custody and visitation orders, the doctrine of res judicata is embodied in the "changed-circumstance" rule first announced in Burchard v. Garay (1986) 42 Cal.3d 531, 535. As explained in Burchard, the rule requires courts to "preserve the established mode of custody unless some significant change in circumstances indicates that a different arrangement would be in the child's best interest. The rule thus fosters the dual goals of judicial economy and protecting stable custody arrangements." (Ibid.) Thus, a final order adjudicating child custody is treated as binding, and it may be modified in subsequent proceedings only upon a showing that "there has been a substantial change of circumstances so affecting the minor child that modification is essential to the child's welfare." (In re Marriage of Burgess, supra, 13 Cal.4th at p. 37.)

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However, in light of the inherently dynamic nature of children and their needs, when the issue is limited to a modification of visitation, rather than a formal change in custody, "the changed circumstance rule does not apply," and the court retains "residual and broad discretion to modify visitation orders for legal parents to '"obviate time-consuming custody litigation . . ."'" (Chalmers v. Hirschkop, supra, 213 Cal.App.4th at p. 305.)