Is a stipulated custody order a final judicial custody determination for purposes of the changed circumstance rule?

California, United States of America


The following excerpt is from Bram v. Bram (In re Bram), B244629 (Cal. App. 2014):

It is true that "a stipulated custody order is a final judicial custody determination for purposes of the changed circumstance rule only if there is a clear, affirmative indication the parties intended such a result." (Montenegro v. Diaz (2001) 26 Cal.4th 249, 258.)

Page 10

Other Questions


When a parent who has sole physical custody under an existing judicial custody order seeks to relocate, does the court have to determine that the custodial parent's relocation is necessary? (California, United States of America)
How has the changed circumstances rule applied to a final custody order? (California, United States of America)
What is the changed-circumstances rule when a temporary, interim or pendente lite custody order is made in a divorce proceeding? (California, United States of America)
What is the changed circumstance test and what is the effect of the changed-circumstance rule? (California, United States of America)
When will a trial court make a decision on initial custody determinations under the changed circumstance rule? (California, United States of America)
In what circumstances will a judge order a motion to set aside a previous order in the administration of the same estate after the same order has become final? (California, United States of America)
What is the independent judgment test for the purpose of determining whether a non-judicial agency has made a binding determination on a property? (California, United States of America)
Is a motion to change custody from the custodial parent to the non-custodial parent subject to the detriment standard? (California, United States of America)
What are the circumstances relevant to determining whether a defendant was in custody for the purposes of Miranda? (California, United States of America)
What is the general rule against vacating a final judgment or order or order based on intrinsic fraud? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.