Legal Question in Family Law in California

Cases assigned to family law departments remain assigned to that judge, unless the case is reassigned. When a judge is moved to a new assignment, the family law case tends to remain in that department, and will be assigned to the new judge or commissioner assigned to that department.

The peremptory challenge set forth in Code of Civil Procedure section 170.6 must generally be exercised as soon as the assignment is known. Once a judge or commissioner has made a ruling on a motion or OSC, it is too late to file a peremptory challenge. There is an exception, however, if a case is reversed on appeal. That reopens a time frame to exercise a peremptory challenge again when the case is assigned on remand from the appellate court.