Legal Question in Appeals and Writs in California

Re: filed an appeal...now a Writ

A writ is an attempt to have the matter heard on an expediated basis by the court of appeals. You should be responding to the appeal and writ briefs. Contact me directly.

Re: filed an appeal...now a Writ

First, I can only imagine how stressful it is for you and the children that this custody order is not yet final (for appeal purposes.

A writ petition is perhaps best described as an emergency appeal or a substitute for an appeal, depending on the context and type of writ petition being filed. Your ex-wife could be attempting to stay the custody order while the appeal takes its course, or she may have determined that this is an interlocutory (pre final judgment) custody award that is not directly appealable and that can only be addressed by a writ petition.

For what it is worth, most writ petitions (80%) are summarilly denied (denied without consideration of the merits). Whether to oppose the writ petition at the outset is a strategic issue.That denial could occur in a matter of days or weeks, even if you do not file an opposition

On the other hand, if the court of appeal grants the writ petition, you will need to respond in order to defend the custody order.

I am a certified appellate law specialist, and I practice in the appellate courts throughout the state. About one-third of my appellate practice involves family law writs and appeals.

For more information about writs and appeals, please visit my website at www.foxappeals.com. I am also available for consultation and retention.

Re: filed an appeal...now a Writ

A writ is an extraordinary measure that will ask the court of appeal to hear the case in an expedited timeframe. Generally, it has to be an emergency and only a very low percentage of writs are granted. That is a general analysis, more information would be needed to provde you with a better analysis. If the child is in a safe place and the superior court's reasoning is generally valid it is unlikely she would prevail on the writ. Good Luck, Pat McCrary