§51-2A-1. Family Courts Established
There is hereby created in each county in this state a family court to be designated as "The Family Court of _________ County, West Virginia."
§51-2A-10. Motion for Reconsideration of Family Court Order
(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was submitted to the court […]
§51-2A-11. Petition for Appeal
(a) Within thirty days following the entry of a final order of a family court judge or the entry of a final order of any senior status circuit judge, circuit judge or other judicial officer appointed to serve pursuant to the provisions of section nineteen of this article, any party may file a petition for […]
§51-2A-12. Stay of Proceedings Pending Appeal
(a) Any person desiring to file a petition for appeal from a final order of the family court may file a motion for a stay of proceedings to the family court in which the order was entered. The motion for a stay shall be filed with the clerk of the circuit court and served on […]
§51-2A-13. Motion to Dismiss Appeal
At any time following the filing of a petition for appeal of a final order of a family court, either party may move the circuit court to dismiss the appeal on any of the following grounds: (1) A joint agreement of the parties to the dismissal; (2) failure to properly perfect the appeal; (3) failure […]
§51-2A-14. Review by Circuit Court; Record; Standard of Review; Temporary Order Upon Demand
(a) The circuit court may refuse to consider the petition for appeal may affirm or reverse the order, may affirm or reverse the order in part or may remand the case with instructions for further hearing before the family court judge. (b) In considering a petition for appeal, the circuit court may only consider the […]
§51-2A-15. Review by Supreme Court of Appeals; Assistance for Pro Se Appellants
(a) If both of the parties file, either jointly or separately, within fourteen days following the entry of the final order of a family court judge, a notice of intent to file an appeal from the final order of the family court directly to the Supreme Court of Appeals and to waive their right to […]
§51-2A-16. Expiration of Appellate Procedures; Exceptions; Report Requirements
(a) The provisions of sections eleven, twelve, thirteen, fourteen and fifteen of this article shall expire and be of no force and effect after June 30, 2011, except as otherwise provided by subsection (b) of this section. (b) Appeals that are pending before a circuit court or the Supreme Court of Appeals on June 30, […]
§51-2A-17. Disciplinary Proceedings for Family Court Judges
A family court judge may be censured, temporarily suspended or retired as provided for in section eight, article VIII of the West Virginia Constitution. A family court judge may be removed from office only by impeachment in accordance with the provisions of section nine, article IV of the West Virginia Constitution.
§51-2A-18. Vacancy in the Office of Family Court Judge
If a vacancy occurs in the office of family court judge, the Governor shall fill the vacancy by appointment as provided in section three, article ten, chapter three of this code.
§51-2A-19. Temporary Assignment of Family Court Judges
(a) Upon the occurrence of a vacancy in the office of family court judge, the disqualification of a family court judge or the inability of a family court judge to attend to his or her duties because of illness, temporary absence or any other reason, the chief justice of the Supreme Court of Appeals may […]
§51-2A-2. Family Court Jurisdiction; Exceptions; Limitations
(a) The family court shall exercise jurisdiction over the following matters: (1) All actions for divorce, annulment or separate maintenance brought under the provisions of §48-3-1 et seq., §48-4-1 et seq., or §48-5-1 et seq. of this code, except as provided in subsections (b) and (c) of this section;
§51-2A-20. County Commissions Required to Furnish Offices for the Family Court Judges
Each county commission of this state has a duty to provide premises for the family court which are adequate for the conduct of the duties required of the court under the provisions of this article and of chapter forty-eight of this code and which conform to standards established by rules promulgated by the Supreme Court […]
§51-2A-21. Budget of the Family Court
The budget for the payment of the salaries and benefits of the family court judges and clerical and secretarial assistants shall be included in the appropriation for the Supreme Court of Appeals. The family court administration fund, heretofore created as the family law master administration fund, is continued as a special account in the state […]
§51-2A-22. Family Court Fund
The office and the clerks of the circuit courts shall, on or before the tenth day of each month, transmit all amounts directed to be paid to the family court fund under any provision of this code to the state Treasurer for deposit in the state Treasury to the credit of a special revenue fund […]
§51-2A-23. Operative Dates; Terminology
(a) Except as provided in subsection (b) of this section, the provisions of Enrolled Senate Bill No. 5007, passed during the fifth extraordinary session of the 2001 Legislature, become operable on January 1, 2002. It is intended that the family law master system in existence on July 1, 2001, will continue to function under the […]
§51-2A-24. Review by Intermediate Court of Appeals; Transfer of Jurisdiction From Circuit Court
(a) Notwithstanding any provision of this code to the contrary, an appeal of a final order or decision entered by a family court after June 30, 2022, must be made to the Intermediate Court of Appeals, as provided in 51-11-1 et seq. of this code: Provided, That any appeal of a judgement or final order […]
§51-2A-2a. Family Court Jurisdiction to Restrict Contact Between Parties
(a) A family court in its discretion may, at any time during the pendency of any action prosecuted under chapter forty-eight of this code, restrict contact between the parties thereto without a finding of domestic violence under article twenty-seven of said chapter. This order shall not be considered a protective order for purposes of section […]
§51-2A-3. Number of Family Court Judges; Assignment of Family Court Judges by Family Court Circuits
(a) Beginning on January 1, 2009, forty-five family court judges shall serve throughout the state, allocated among a total of twenty-seven family court circuits as follows: (1) The counties of Brooke, Hancock and Ohio shall constitute the first family court circuit and have two family court judges;
§51-2A-4. Qualifications of Family Court Judges
(a) A family court judge must be a resident of this state, a member in good standing of the West Virginia State Bar, admitted to practice law in this state for at least five years prior to election, and must, at the time he or she takes office, and thereafter during his or her continuance […]