How do I change the judge?
It’s a good question. Because the judge is the one person who makes the decisions about your divorce, your children, your finances. I’m asked what particular judges are like. I’m asked if it’s better to have a male or a female judge (depending on if you’re a man or a woman). I’m asked `How do I change the judge?’
Clever legal arguments are all well and good – as is useful case law. But when it comes down to it, the person who makes the orders is the one who you need to convince.
So if you don’t have faith in the judge in your case you’re going to worry that no matter what you do…it’s going to be badly for you.
Here’s the answer
You can’t, normally. Not liking the judge’s decisions isn’t a good enough reason. Nor is feeling they’re biased.
If they have an `interest’ in the case..that’s different. If they’re related to, friends with, associated with, a party in a case – absolutely. In cases like this they can be removed or recuse (aka excuse) themselves so someone else can take over. It’s rare though – in the 16 years Family Law Assistance has been running we’ve seen this happen once.
If you think the judge has made an error in law – appealing the order is an option open to you. In situations like that, a higher level judge will handle the appeal. Remember however – appeals aren’t a `second bite’ of the cherry – a chance to play for a better result second time round.
Regardless of the outcome of an appeal hearing though…that doesn’t mean you’ll be getting another judge.
However…
…it’s worth remembering there’s a good chance you won’t have the same judge thoughout your case. You’re meant to of course – it’s called `judicial continuity’ which basically means the same judge should be with you throughout the whole case because it’s generally a good thing to have someone who knows the details compared to someone else who has been dropped into it at short notice and asked to make a decision.
But.
The courts are overrun with too many cases and not enough judges (you probably know about the delays going on) so you’ll be fitted in where possible – which means that although seeing the same judge is good (or bad if you don’t like the one you last saw) it’s weighed up against the effects of delay and a decision is made.
So. The long and short of it is this: It is almost impossible to change judges. but there there is a fair chance you’re not going to see them at every hearing even so.
