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Can I choose a Judge to hear a case

Interested in choosing a Judge

Can anyone advise me on the possibility of requesting one or other Judge to hear a matter I intend filing. I have heard some judges are better at offering shared parenting orders than others. I thought they would all have been consistent. ;)

Choosing a Judge

No Court in Australia be it State or Federal gives you the option of choosing a particular Judge or Magistrate. Without question some are more Father or Mother friendly - you just do not get the opprtunity to choose.

When you know the Judge or Federal Magistrate running your case do some research on their previous judgements. This will give you a great deal of insight into their mindset and how to balance your case.


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Selecting your Judge .. There is no mechanism to enable an applicant to sellect the judicial officer that will determine their case.

Having said that, one solicitor I used (I used 3 and interviewed a few more, then Self Rep) suggested that plan B was after accepting consent oreders that I wasn't totaly happy with, but that weren't too bad either, suggested revisiting litigation in a few years time. This solicitor said that the best course would be to have it heard before a particular judge in a particular registry of a State Supreme Court and the particular Judge would order a family report from a particular Family Report Writer (private practice). The solicitor also mentioned a particular 5 figure $ amount to be split equally between him and a particular Barrister.

I now have genuine shared care. I followed a particular path, not the path suggested by the solicitor, but my own. I set my goals (Shared care) and researched and studied and learned as much as I could about the law, decisions, the judges and the experts. I went to courses. And when my child was with me, he got all my attention, and it was all positive. My ex gave up, realising she would loose. She now asks me for legal advice :thumbs:

As for consistency of decisions by judges. Even 5 judges sitting on the High Court Bench reading exactly the same material, and listening to exactly the same evidence will present 5 different opinions, some of which will be for and some against whatever the application was.

This can be seen as a problem or as an opportunity. As Agog said, once you know who you judge or magistrate is going to be, you can fine tune your arguments and that way possibly stack the deck a little in your favour.

For me - Shared Parenting is a Reality - Maybe it can be for you too!
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