If I do not agree with a magistrates finding on a motion I filed, can I file a petetion to have someone else review?

Question

I am trying to update my decree on several items that are all in the benefit of my X wife.  At the time I was OK with how things were to help her get back on her feet.   Now she makes as much as I do, and we share our kids equally, so I would like to make items on the decree more equal now.  My X wife refuses to talk about any changes. I submitted a motion.  After not getting my x wife to cooperate with court ordered mediation the magistrate dismissed my case.  Since these items are in my x's favor and I'm trying to make them more equal of course she is not going to cooperate.  Unfortunately  I need the court to help to get any changes made.   Can I petetion the magistrates decision to dismiss my case and point out the same magistrate is the same one who signed our divorce decree four years ago and I would like someone else to review?

Tristan Kenyon Schultz · Answer

You can request another magistrate, but the chances of getting another judge are low (unless you live in a large county (e.g. Denver) where there are several magistrates. 
 
I do not understand how your modification would be dismissed because your ex refused to participate in mediation. Your case should have be dismissed if both parties did not participate in mediation and both parties did not file the necessary financial documents. If only the respondent (your ex) did not participate, your case should have proceeded. Another possibility is that the modification violated the terms of the separation agreement or the modification occurred during the black-out period when some modifications cannot occur until a certain period of time after the original decree. 
 
Contact a family law lawyer. Something here is amiss.

Stephen J. Plog · Answer

You have a couple of different options at hand, depending on what the motions were that you originally filed.   If the magistrate issued an order dismissing your motions you have 21 days from that date to file a Petition for District Court Review.   This would be basically a mini-appeal in which one of the judges at the courthouse, not a magistrate, would review what the magistrate did.  If the judge sees judicial error, which you will need to point out, the judge could reverse the magistrate and order a hearing be set or vacate the magistrates order and order a hearing be set.   Conversely, the judge could also up hold the magistrates decision.    In that case, you would need to file new motions.    Look at Colorado Rules for Magistrates, Rule 7.   Realistically, you should consult with an attorney, as you are getting into very technical waters.   Just changing judges or magistrates is not normal and you will have to have good reason, such as unethical behavior or bias on the magistrate's part.   This is hard to prove and if it fails you will end up right back in front of the same magistrate who might be mad that you took a shot at him or her.

Q: If I do not agree with a magistrates finding on a motion I filed, can I file a petetion to have someone else review?