General Magistrates in Florida Family Law Cases
In Florida family law cases, certain matters may be referred to a General Magistrate rather than being heard directly by a judge. While this process can help expedite cases and alleviate the court’s caseload, parties have the right to object to such referrals. Understanding how referrals to General Magistrates work and the right to object is essential for anyone involved in a family law dispute.
What is a General Magistrate?
A General Magistrate is an attorney appointed by the court to hear specific matters and make recommendations to the judge. General Magistrates do not issue final orders; instead, they prepare a recommended order, which the judge reviews before entering a final order.
When Can a Case Be Referred to a General Magistrate?
Under Florida Family Law Rule of Procedure 12.490, a judge may refer certain family law matters to a General Magistrate, including but not limited to:
- Temporary relief hearings (e.g., temporary child support, alimony, or time-sharing)
- Post-judgment enforcement and modification proceedings
- Discovery disputes
- Other procedural issues
Typically, the court will issue an order referring the case to a General Magistrate, and the parties will receive notice of the referral.
The Right to Object
Parties have the right to object to a referral to a General Magistrate, but they must do so timely. According to the updated rules:
- A party must file a written objection within 10 days of being served with the referral order.
- If the order of referral is served within the first 20 days after the service of initial process, the time to file an objection is extended to the time within which to file a responsive pleading.
- The objection must be in writing and filed with the court.
- Failure to file a written objection within the applicable time period is deemed to be consent to the referral.
If a timely objection is filed, the matter will remain before the judge rather than proceeding before the General Magistrate.
What Happens After a General Magistrate Hearing?
If a case proceeds before a General Magistrate, the magistrate will conduct a hearing, take testimony, and review evidence. After the hearing, the magistrate will issue a recommended order, which is sent to the judge and the parties. The parties then have 10 days to file a motion to vacate if they disagree with the recommendations. If no timely motion to vacate is filed, the judge will typically approve the recommendations and enter a final order.
Should You Object to a Referral to a General Magistrate?
Deciding whether to object to a referral depends on the circumstances of your case. Some considerations include:
- Complexity of the issues: Judges may be better suited for more complex legal disputes.
- Need for an expedited resolution: General Magistrates often have more availability than judges, which can speed up proceedings.
- Preference for a judge’s ruling: If you prefer a judge to hear your case from the outset, objecting to a referral may be appropriate.
Conclusion
Understanding referrals to General Magistrates and the right to object is crucial in Florida family law cases. If you receive a referral order, consult with an experienced family law attorney to determine the best course of action for your case.
At The Bonderud Law Firm, we help clients navigate complex family law matters, ensuring their rights are protected at every stage of the legal process. If you have questions about your case, contact us today for a consultation.
