California family courts commonly use commissioners, referees, or qualified attorneys to hear certain matters as temporary judges. A temporary judge’s authority generally depends on the agreement of the parties appearing at the hearing.

A Temporary Judge Is Not the Same as an Assigned Judge

A temporary judge may handle temporary-order hearings and other family-law matters when authorized. The use of temporary judges helps courts manage busy calendars, but the distinction should be disclosed or otherwise reflected in the proceeding.

A party cannot ordinarily be forced to try the case before a temporary judge when the required consent has not been given.

Consent Can Take Different Forms

A stipulation may be written or stated orally in court. Under some circumstances, a party’s informed participation and submission of the dispute for decision may be treated as implied consent.

A person who does not wish to stipulate should raise the issue before presenting evidence or asking the temporary judge to decide the matter. Remaining silent and fully participating may complicate a later objection.

Only Appearing Parties Need to Stipulate

When only one party appears at the hearing, the appearing party’s consent may be sufficient. When both parties appear, both generally must agree before the temporary judge exercises that authority.

If a party refuses to stipulate, the matter may need to be handled by a judge or proceed through another authorized process. Refusing consent does not determine the merits of the underlying dispute.

Existing Orders Must Still Be Followed

A party should not ignore an order simply because it was issued by a commissioner or another temporary judicial officer. Filed orders remain binding unless they are modified, stayed, vacated, or otherwise changed through an authorized process.

A challenge to the temporary judge’s authority must be raised through proper legal procedures. Self-help noncompliance can create enforcement consequences independent of the original dispute.

A California family-law attorney can explain who will hear the matter, determine whether a stipulation has been requested or implied, preserve an objection when appropriate, and evaluate the validity of an existing order.