{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-296.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-296.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-296.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-296.2.html"}],"law_id":54422,"edition_id":1,"section_id":54422,"structure_id":13442,"section_number":"16.1-296.2","catch_line":"Appeals of certain custody and visitation proceedings","history":"2004, cc. 659, 727.","full_text":"A\n\nIn any matter in which a filing fee either was or could have been assessed pursuant to § 16.1-69.48:5, no appeal shall be allowed unless and until the party applying for appeal shall, within 10 days from the entry of the final judgment or order, either (i) pay to the clerk of the court from which the appeal is taken the amount of the writ tax of the court to which the appeal is taken and all other applicable costs or (ii) file with the clerk of the court from which the appeal is taken a petition to have the court to which the appeal is taken determine that the writ tax and costs need not be paid on account of poverty as provided in § 17.1-606. The judge or clerk of any court from which the appeal is taken shall promptly transmit to the clerk of the appellate court the original pleadings, together with all exhibits and other papers filed in the trial of the case, and either (i) the writ tax and costs paid or (ii) a petition filed to have the court to which the appeal is taken determine that the writ tax and costs need not be paid on account of poverty as provided in § 17.1-606. Upon receipt of the foregoing by the clerk of the appellate court, the case shall then be docketed.B\n\nNotwithstanding any other provision of law, the writ tax of the court to which the appeal is taken and other applicable costs shall be assessed only once for all custody and visitation petitions simultaneously appealed by a single appellant.","order_by":null,"text":{"0":{"id":199753,"text":"In any matter in which a filing fee either was or could have been assessed pursuant to § 16.1-69.48:5, no appeal shall be allowed unless and until the party applying for appeal shall, within 10 days from the entry of the final judgment or order, either (i) pay to the clerk of the court from which the appeal is taken the amount of the writ tax of the court to which the appeal is taken and all other applicable costs or (ii) file with the clerk of the court from which the appeal is taken a petition to have the court to which the appeal is taken determine that the writ tax and costs need not be paid on account of poverty as provided in § 17.1-606. The judge or clerk of any court from which the appeal is taken shall promptly transmit to the clerk of the appellate court the original pleadings, together with all exhibits and other papers filed in the trial of the case, and either (i) the writ tax and costs paid or (ii) a petition filed to have the court to which the appeal is taken determine that the writ tax and costs need not be paid on account of poverty as provided in § 17.1-606. Upon receipt of the foregoing by the clerk of the appellate court, the case shall then be docketed.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199754,"text":"Notwithstanding any other provision of law, the writ tax of the court to which the appeal is taken and other applicable costs shall be assessed only once for all custody and visitation petitions simultaneously appealed by a single appellant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13442,"edition_id":1,"name":"Appeal","identifier":"11","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":160995,"object_type":"structure","relational_id":13442,"identifier":"11","token":"16.1\/11\/11","url":"\/16.1\/11\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81859,"structure_id":13442,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","url":"\/16.1-296\/","token":"16.1\/11\/11\/16.1-296","metadata":false},{"id":72835,"structure_id":13442,"section_number":"16.1-296.1","catch_line":"Repealed","url":"\/16.1-296.1\/","token":"16.1\/11\/11\/16.1-296.1","metadata":false},{"id":54422,"structure_id":13442,"section_number":"16.1-296.2","catch_line":"Appeals of certain custody and visitation proceedings","url":"\/16.1-296.2\/","token":"16.1\/11\/11\/16.1-296.2","metadata":false},{"id":85924,"structure_id":13442,"section_number":"16.1-297","catch_line":"Final judgment; copy filed with juvenile court; proceeding may be remanded to juvenile court","url":"\/16.1-297\/","token":"16.1\/11\/11\/16.1-297","metadata":false},{"id":54404,"structure_id":13442,"section_number":"16.1-298","catch_line":"Effect of petition for or pendency of appeal; bail","url":"\/16.1-298\/","token":"16.1\/11\/11\/16.1-298","metadata":false}],"previous_section":{"id":72835,"structure_id":13442,"section_number":"16.1-296.1","catch_line":"Repealed","url":"\/16.1-296.1\/","token":"16.1\/11\/11\/16.1-296.1","metadata":false},"next_section":{"id":85924,"structure_id":13442,"section_number":"16.1-297","catch_line":"Final judgment; copy filed with juvenile court; proceeding may be remanded to juvenile court","url":"\/16.1-297\/","token":"16.1\/11\/11\/16.1-297","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-296.2\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapters 659<\/a> and 727<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":77366,"section_number":"16.1-69.48:5","catch_line":"Fees for services of juvenile and domestic relations district court judges and clerks in certain civil cases","order_by":null,"url":"\/16.1-69.48_5\/"},{"id":82411,"section_number":"17.1-606","catch_line":"Persons allowed services without fees or costs","order_by":null,"url":"\/17.1-606\/"}],"permalink":{"id":161005,"object_type":"law","relational_id":54422,"identifier":"16.1-296.2","token":"16.1\/11\/11\/16.1-296.2","url":"\/16.1-296.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-296.2\/","token":"16.1\/11\/11\/16.1-296.2","dublin_core":{"Title":"Appeals of certain custody and visitation proceedings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-296.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any matter in which a filing fee either was or could have been assessed pursuant to § 16.1-69.48:5<\/a>, no appeal<\/span> shall be allowed unless and until the party<\/span> applying for appeal<\/span> shall, within 10 days from the entry of the final judgment<\/span> or order<\/span>, either (i) pay to the clerk of the court<\/span> from which the appeal<\/span> is taken the amount of the writ<\/span> tax of the court<\/span> to which the appeal<\/span> is taken and all other applicable costs or (ii) file with the clerk of the court<\/span> from which the appeal<\/span> is taken a petition<\/span> to have the court<\/span> to which the appeal<\/span> is taken determine that the writ<\/span> tax and costs need not be paid on account of poverty as provided in § 17.1-606<\/a>. The judge<\/span> or clerk of any court from which the appeal<\/span> is taken shall promptly transmit to the clerk of the appellate<\/span> court the original pleadings<\/span>, together with all exhibits and other papers filed in the trial<\/span> of the case, and either (i) the writ<\/span> tax and costs paid or (ii) a petition<\/span> filed to have the court<\/span> to which the appeal<\/span> is taken determine that the writ<\/span> tax and costs need not be paid on account of poverty as provided in § 17.1-606<\/a>. Upon receipt of the foregoing by the clerk of the appellate<\/span> court, the case shall then be docketed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of law<\/span>, the writ<\/span> tax of the court<\/span> to which the appeal<\/span> is taken and other applicable costs shall be assessed only once for all custody<\/span> and visitation petitions<\/span> simultaneously appealed by a single appellant<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEALS OF CERTAIN CUSTODY AND VISITATION PROCEEDINGS (\u00a7 16.1-296.2)\n\nA. In any matter in which a filing fee either was or could have been assessed\npursuant to § 16.1-69.48:5, no appeal shall be allowed unless and until the\nparty applying for appeal shall, within 10 days from the entry of the final\njudgment or order, either (i) pay to the clerk of the court from which the\nappeal is taken the amount of the writ tax of the court to which the appeal is\ntaken and all other applicable costs or (ii) file with the clerk of the court\nfrom which the appeal is taken a petition to have the court to which the appeal\nis taken determine that the writ tax and costs need not be paid on account of\npoverty as provided in § 17.1-606. The judge or clerk of any court from\nwhich the appeal is taken shall promptly transmit to the clerk of the appellate\ncourt the original pleadings, together with all exhibits and other papers filed\nin the trial of the case, and either (i) the writ tax and costs paid or (ii) a\npetition filed to have the court to which the appeal is taken determine that the\nwrit tax and costs need not be paid on account of poverty as provided in §\n17.1-606. Upon receipt of the foregoing by the clerk of the appellate court, the\ncase shall then be docketed.\n\nB. Notwithstanding any other provision of law, the writ tax of the court to\nwhich the appeal is taken and other applicable costs shall be assessed only once\nfor all custody and visitation petitions simultaneously appealed by a single\nappellant.\n\nHISTORY: 2004, cc. 659, 727.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}