In re the Marriage of Jacobson

I am taken aback by the majority’s sudden and sweeping declaration that all1 stipulated, court-approved provisions in dissolution decrees providing for a future change of child custody from one parent to another are unenforceable. Not only does this significant revelation come out of the blue —neither party raised any question of unenforceability either *712at the trial or appellate level — it represents a policy choice that should be left to the legislature. I also reject what appears to be the underlying theme of the opinion, namely, that the holding will somehow serve the best interests of…