Rose

*944 Opinion

I. Introduction

This is a family law “move away” case. Tara Rose (mother) and Scott James Richardson (father) cross-appeal from custody and visitation orders as to their minor son, Christopher Scott Richardson. 1 The trial court issued a move away order after refusing to conduct a de novo review of the relevant facts and circumstances. In the published portion of this opinion, we address the question of whether a custody stipulation entered into by the parties constituted a “final judicial custody determination” within the meaning of Montenegro v. Diaz (2001) 26 Cal.4th 249, 258 [ 109 Cal.Rptr.2d 575 , 27 P.3d 289 ]. If the custody stipulation constituted a final judicial custody determination, then the trial court was not obligated to conduct a de novo review of the facts in devising a parenting plan that serves the best interests of Christopher. We conclude that the March 14, 2001, initial custody order pursuant to stipulation entered into by the parties did not constitute a final judicial custody determination within the meaning of Montenegro . Hence, the trial court was obligated to conduct a de novo review of the facts before devising a parenting plan that…