In In re A.C.S., 157 S.W.3d 9 (Tex. App.--Waco 2004, no pet.), an agreed divorce decree named the joint managing conservator mother as the parent with the exclusive right to determine the children's primary residence with no geographical restrictions. Id. at 13.
Six months after entry of the agreed decree, the joint managing conservator father sought to restrict the children's residence to Brazos County or contiguous counties. Id.
The Waco court of appeals determined that "because father sought a significant geographical narrowing of the terms under which mother could designate the children's primary residence, . . . he sought a modification of the designation" and, therefore, section 156.102 applied. Id. at 18.
Thus, the Waco court has interpreted the provision broadly, to include not only a suit seeking to change the person with the exclusive right to determine a child's primary residence, but also a suit seeking to change the scope, or terms, of the then-existing designation without changing the identity of the person.