                                 CODE OF VIRGINIA

APPEALS OF CERTAIN CUSTODY AND VISITATION PROCEEDINGS (§ 16.1-296.2)

A. In any matter in which a filing fee either was or could have been assessed
pursuant to &#xA7; 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 &#xA7; 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 &#xA7;
17.1-606. Upon receipt of the foregoing by the clerk of the appellate court, the
case shall then be docketed.

B. 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.

HISTORY: 2004, cc. 659, 727.