Magistrates and District Court Judges And Recent Changes In Magistrate Reviews In Colorado Springs Divorce and Family Law

Are you involved in a divorce or child custody case involving a Magistrate? (The Colorado statutory tiles for these are dissolution of marriage and allocation of parental responsibilities). An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count. It is important to understand the differences between magistrates and district court judges as well as to be informed about recent changes in the magistrate review process.

There are two types of judicial officers in domestic relations courts, and there are different procedures for requesting a review of their decisions. There are magistrates and district court judges. Magistrates play an important role in dissolution and family law matters. They can preside over many of the same matters as district court judges, but not all. They often preside over post-decree matters. A review of a magistrate decision is requested through a Petition For Review Of Magistrate Decision, and a review of the decision of a district court judge is an appeal.

It is important to always remember that any review or appeal is based on errors of fact or law and are not a second “bite at the apple.” The purpose and mechanics of reviews and appeals are often misunderstood as parties may believe that a second court will hear their case anew if they request review or appeal. The Colorado Rules For Magistrates can be difficult to understand and some changes have been made which are implemented on January 2, 2026. Overall, the changes involve the timing of filing and responding to a petition for review, availability of an extension for a review request, the ability of a district court to remand to a magistrate, and deemed denial of a request.

Now there are 28 days to request a review with no extensions available and 14 days to respond. An extension can be requested for a response to obtain a transcript. A district court can now remand to a magistrate, which means that the Magistrate can reconsider the case and issue a new decision. Also if a district court does not issue an order on a request for review within 91 days, the request is deemed denied.

District court magistrates are directed and supervised by the Chief District Court Judge in each judicial district. A district court magistrate must be a licensed attorney in good standing. There are limitations on their jurisdiction and authority. Magistrates cannot conduct jury trials or rule on statutory constitutionality. A district court magistrate can hear any issue in controversy under Title 14 without the consent of the parties, except for contested permanent orders. District court magistrates may preside over all post-decree matters for modification of permanent orders under Title 14, except for petitions for review of magistrate decisions. Additionally, district court magistrates can issue child support orders.

Consent is necessary for magistrate jurisdiction over pre-decree permanent orders. There is no consent or nonconsent distinction for district court judges as they may preside over all domestic relations matters. Consent may occur in writing or on the record. Failure to appear at a proceeding after being given notice also constitutes consent. Also, if a party has been provided notice of referral, setting, or hearing before a magistrate and does not file a written objection within 14 days, the failure to object also constitutes consent. Consent cannot be later withdrawn.

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid one-hour advice sessions for a more in-depth analysis of your case.