Montenegro v. Diaz (2001) 26 Cal.4th 249
Holding
A stipulated custody order is a final judicial custody determination — triggering the changed-circumstance rule — only if there is a clear, affirmative indication that the parties intended such a result. Without that clear indication, the modification standard is best interests, not changed circumstances.
Relevance to this matter
Foundational to any modification analysis at the 6/1 RFO. The Stipulated Judgment is the operative custody order. If Jennifer seeks modification, the threshold question is whether the order is a final judicial custody determination under Montenegro — if so, she bears the changed-circumstance burden; if not, she bears the lower best-interests burden. Either way, Montenegro frames the analysis. Often called the “Montenegro order” question in shorthand.