I generally agree with my colleagues. But to add some information:
Technically speaking, she has the "right" to appeal the judgment to the State Court of Appeal, as long as she files the Notice of Appeal on time (within 60 days of the date the judgment was mailed to you by the clerk of the court).
But that appeal will go nowhere because the judgment was stipulated, and if she went ahead with it you could seek an award of attorneys fees and other expenses against her for prosecuting a frivolous appeal.
Her best bet would be to file in the family law court a motion to vacate the judgment (the "473" that my colleagues refer to). Those are pretty difficult to win, but if it is denied she would have the right to appeal from that order to the State Court of Appeal. But keep in mind that the act of appealing will change little to nothing about the effect of the judgment while the appeal is pending - and the appeal will be pending for at least one to two years.
Finally, the child custody and support orders can always be modified - but your ex will have to prove a material change in circumstances (something more than "I changed my mind").
Good luck to you.
Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.Ask a similar question
It isn't easy and I don't see on what basis she could "appeal" a stipulated judgment. Her only avenue might be a motion under CCP 473 but I doubt if she could prove that she was negligent or signed it in error.Ask a similar question
On your facts, I see no basis for "appeal". A modification of a stipulated judgment is also dubious without changed circumstances.Ask a similar question
Your ex has a big hurdle to overcome. With the facts you have give I see no basis to have the Judgment changed. She signed the agreement therefore 473 would probably not help her.
Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationshipAsk a similar question
It is my opinion that it would not be easy to set aside the judgment. I believe the court would be loathe to change a signed agreement that the judge ultimately signed. Your ex had an opportunity to challenge the signed agreement prior to the court signing the judgment. However, she might allege duress of some sort, and make up a creative and compelling reason for the court to consider, but I think it's a long-shot especially if it sounds like she's making stuff up.
The issues relating to custody and child support can be raised again, because the children's best interest is the standard. However, the court should be hesitant to modify a custody agreement unless there is a change in circumstances. Even without a change in circumstances, the court could possibly modify a custody order if there are issues that need to be addressed. Each case is fact specific, and a consultation with a child custody attorney is a good idea.
This communication does not create an attorney-client relationship. This means that I am not your lawyer and I will not appear in court simply by posting on this site. If you would like me to represent you, you must call my office, sign a written fee agreement and pay a legal fee, assuming I do not have a conflict of interest and you are in Southern California. If I respond to your question and you have follow up questions by posting on this site, I may or may not reply. This information should not be construed as legal advice. I am offering my opinion. Each person's case is unique, and that's why you should contact a lawyer over the phone for a consultation for your situation. That's why you should not rely on any response that an attorney posts on this site. I am licensed in California. I am not licensed in another state or country. I do not practice law outside of California.Ask a similar question
I think your ex-wife has a steep uphill climb to get the judgment set aside or the agreement changed. As a general matter, assuming lack of fraud, duress or undue influence, California courts are very reluctant to allow parties to disregard or change agreements that they signed voluntarily. In addition, a court would likely find that your ex-wife had ample opportunity to object prior to entry of judgment. So, to answer your question, I don't think it will be easy for her to obtain relief under the facts presented.Ask a similar question
Divorce Uncontested divorce Child support Divorce court Divorce court fees Alimony Divorce appeals Child custody Child custody appeals Custody agreement and child custody Divorce and family Criminal charges Fraud Duress and criminal charges Child support and custody Lawsuits and disputes Family law Appeals State court
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.