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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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It turns out that the judge hearing my final hearing

Resolved Question:

It turns out that the judge hearing my final hearing tomorrow is the head of chambers of my ex-wife's barrister.Should that concern me re (im-)partiality?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question.
This does not automatically give rise to bias, even though it may appear so.
If you feel strongly that this will influence the judge's decision, then you should at the outset orally apply for the judge to recuse himself/herself from the proceedings. It may be the case that the judge has yet to see the position statements and not know of the potentially issue.
Customer: replied 1 year ago.
If I do want to make that application - is it automatically granted?
Expert:  Harris replied 1 year ago.
No, the Judge may decide that there is no bias. Applications for the judge to recuse are rarely granted and this could potentially delay proceedings further.
It may be helpful to raise it with the Judge at the outset and explain that you do not wish to delay the proceedings and see what his/her input is. If you intend to do so you should inform your ex-wife's barrister of this so that they are aware.
Customer: replied 1 year ago.
will it be seen or received as negative if I even broach the issue? Or can I frame it as an innocent question of a litigant in person?
Expert:  Harris replied 1 year ago.
It is not negative and is very understandable to expect a litigant in person to raise such a question. If the judge refuses a recusal application this cannot impact any decision they make regarding your variation application.
Harris and other Family Law Specialists are ready to help you