Appealing a Family Law Order

If an order or judgment is appealable, review cannot be by writ unless special circumstances render review by appeal inadequate. An appeal (or other remedy) is generally not deemed “inadequate” just because it involves greater effort, expense, or time. However, by showing an exceptional circumstance, it will be inadequate on appeal. 

For example, an undue hardship on account of inability to obtain a stay; or public interest demanding immediate disposition. Even though a circumstance may be inadequate upon appeal, the party needs to file a timely notice of appeal. Writ review will not be granted if a party fails to abide by the time requirements for a right to appeal.