Celebrities Are Buying Privacy California Courts Don't Provide
Joshua Jackson and Jodie Turner-Smith hired a privately compensated temporary judge in 2026 to oversee custody and child support disputes for their 5-year-old daughter Juno through March 4, 2029, according to People. The move, made nearly a year after their divorce finalized, shifts schooling and travel conflicts out of public court — a legal mechanism California permits under Code of Civil Procedure § 638 that any divorcing parent can theoretically use.
Key Facts
| Detail | Information |
|---|---|
| What happened | Couple hired a private temporary judge to oversee custody and support disputes |
| When | Reported 2026; appointment runs through March 4, 2029 |
| Where | California (Los Angeles County family court system) |
| Who's affected | Joshua Jackson, Jodie Turner-Smith, daughter Juno (age 5) |
| Key statute/rule | Cal. Code Civ. Proc. § 638 (judicial reference); Cal. Rules of Court 2.830–2.834 |
| Impact | Custody conflicts resolved privately, kept out of public record |
Why This Matters Legally
Private judging is a legitimate, court-sanctioned alternative that lets parents resolve custody disputes outside the public courtroom while still producing legally binding orders. Under California Code of Civil Procedure § 638, parties can stipulate to appoint a referee — commonly a retired judge — to hear and decide all or part of their case. The resulting decisions carry the same enforceability as a sitting judge's ruling.
The critical distinction for celebrities is confidentiality. Public family court files in California are presumptively open under California Rules of Court 2.550, meaning custody filings, financial disclosures, and trial testimony become part of the public record. By stipulating to a private judge, parents move proceedings into a venue where the press and public have no automatic access, though the final judgment must still be entered with the court.
This arrangement is not free. Litigants pay the private judge's hourly rate — often $600 to $1,200 per hour in the Los Angeles market — on top of their own attorneys' fees. That cost barrier explains why private judging remains concentrated among high-net-worth families, even though Code of Civil Procedure § 638 contains no income threshold.
How California Law Handles This
California governs private judging through judicial reference statutes and the California Rules of Court. Under California Code of Civil Procedure § 638, a court may appoint a referee on agreement of the parties to try any or all issues, with the referee's statement of decision standing as the decision of the court. The referee in a family law matter typically must be a member of the State Bar, and retired judges frequently fill the role.
California Rules of Court 2.830 through 2.834 set the procedural framework. These rules require the referee to disclose conflicts, permit parties to object, and mandate that hearings remain subject to the same substantive law a public judge would apply. A private judge cannot lower the legal standard — custody determinations still turn on the best interest of the child under California Family Code § 3011.
Child support presents a firm limit on private control. Under California Family Code § 4053, child support follows a statewide uniform guideline, and parents cannot privately negotiate below the guideline amount in a way that disadvantages the child. A private judge applies the identical Family Code § 4055 algebraic formula a public judge uses, calculating support from both parents' net incomes and timeshare percentages.
Custody modifications also remain bound by statute. Even within a private proceeding, a parent seeking to change a final custody order must show a significant change of circumstances under California case law, and any final stipulated judgment is filed with the public court even when the underlying hearings stay confidential.
Practical Takeaways
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Confirm cost before committing. Private judges in California family cases commonly bill $600 to $1,200 per hour. Request a written fee agreement and an estimate of total hours before you stipulate under Code of Civil Procedure § 638.
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Get the stipulation in writing and filed. The appointment requires a written agreement of the parties; have your attorney draft the order of reference specifying which issues the private judge will decide and the appointment's end date.
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Understand that support stays regulated. You cannot use a private judge to dodge the Family Code § 4055 guideline. The child support formula applies identically in private and public proceedings.
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Verify confidentiality scope. Private hearings stay off the public record, but the final judgment is entered with the court. Ask your attorney exactly which documents become public.
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Consider mediation first for lower cost. If your goal is privacy and your conflict is moderate, confidential mediation under Family Code § 3170 may achieve similar discretion at a fraction of the hourly rate.
Frequently Asked Questions
What is a private judge in a California divorce?
A private judge is a referee, usually a retired judge, appointed under California Code of Civil Procedure § 638 when both parties agree. The private judge hears custody and support disputes outside public court and issues legally binding decisions carrying the same force as a sitting judge's order.
Can a private judge keep my custody case confidential in California?
Yes. Private judging keeps hearings, testimony, and most filings off the public record, unlike standard family court files presumptively open under California Rules of Court 2.550. However, the final judgment must still be entered with the court, so some documents remain accessible.
How much does a private judge cost in California?
Private judges in California family cases commonly charge $600 to $1,200 per hour as of 2026, billed on top of each party's attorney fees. Code of Civil Procedure § 638 sets no income threshold, but the hourly cost keeps the option concentrated among high-net-worth litigants.
Can parents lower child support using a private judge?
No. Under California Family Code § 4055, child support follows a mandatory statewide guideline formula that applies identically in private and public proceedings. A private judge cannot approve support below guideline in a way that harms the child, regardless of any parental agreement.
Is a private judge's custody order enforceable in California?
Yes. Under California Code of Civil Procedure § 638, a referee's statement of decision stands as the decision of the court. Once the stipulated judgment is entered, the private judge's custody and support orders are fully enforceable, including through contempt proceedings, just like a public court ruling.
Considering Your Options
Private judging is one of several confidential paths California parents can pursue, alongside mediation and collaborative divorce. If you are weighing how to resolve a custody or support dispute while protecting your family's privacy, an experienced California family law attorney can explain which option fits your circumstances and budget.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.