 His father, John Stephen (1771–1833), was related to James Stephen, became a barrister, and was Solicitor-General at St Christopher before his appointment as Solicitor-General of New South Wales in January 1824.He arrived at Sydney on 7 August 1824 and in September 1825 was made an acting judge of the Supreme Court.On 13 March 1826, his appointment as judge was confirmed.