Using a Peremptory Challenge to Disqualify a Family Law Judge

In the rush to initiate or respond to a family law case, many individuals overlook a powerful early tactic—one that could shape the entire outcome of their matter: disqualifying the assigned judge through a peremptory challenge.

⚖️ Judges Have Discretion—And That Can Impact Your Case

Family law judges are tasked with applying the same laws to every case, but they are given broad discretion in how they interpret and weigh the facts.

That means a judge’s personal experiences, values, and legal interpretations can drastically affect the final ruling—even when the facts and law are similar to another case.

Some judges may be more favorable toward spousal support, while others may take a tougher stance on custody matters. Knowing this can offer a significant strategic edge.

📝 What Is a Peremptory Challenge?

Under California Code of Civil Procedure section 170.6, any party can file a one-page declaration to disqualify a judge if they believe:

The judge is prejudiced against the party, their attorney, or the interest of either such that a fair trial or hearing cannot be had.

This is commonly referred to as a peremptory challenge. And here’s the key:

• No proof of bias is required
• The judge cannot question the reason for the challenge
• The declaration is filed under penalty of perjury

It’s that simple—but it must be done correctly and on time.

⏳ The Clock Is Ticking: When to File

A peremptory challenge must be filed within a specific and short window. Miss it, and you’re stuck with the assigned judge.

When Must It Be Filed?

• For “all-purpose assignments”:
• Within 15 calendar days of receiving notice of the assignment
• Or within 15 days of your first appearance in the case (whichever comes later)
• For non all-purpose assignments:
• The timing may differ and depend on the first scheduled hearing or trial

One Chance Only

Each party is allowed just one peremptory challenge per case, so it must be used wisely.

😬 What Happens If You Miss the Deadline?

If the challenge is filed too late:

• The judge will remain assigned to the case
• Worse, the judge now knows you tried to have them removed
• This could subtly affect how your case is perceived

🧠 Why Strategy and Timing Matter

It’s crucial to work with a knowledgeable attorney who understands:

• The personalities and biases of local judges
• Which judges may be receptive or resistant to your specific issues
• The timing rules and correct procedures for disqualification

Properly exercising a peremptory challenge won’t guarantee the best judge—but it can protect you from the worst one.

✅ Final Thought: Be Strategic, Be Proactive

Don’t wait until it’s too late to assess your judge. The peremptory challenge can be a critical tool in positioning your case for success.

Talk to your attorney about your judge as soon as your case begins. If your gut says something feels off, act within the legal window.

Disqualifying a judge won’t win your case—but it might stop you from losing it before it really begins.