Family Law Writs

Request for writ review must contain a verified petition, supporting memorandum, exhibits, an adequate record, and a proof of service. The party seeking writ review must have a “beneficial interest” in the lawsuit, which means some special interest or some right to be preserved or protected and above the public interest. The petition must address the grounds for relief, the inadequacy of other remedies, and the “prayer” specifying the desired writ.

The following are general criteria for determining the appropriateness of a writ:

• The issue presented in the writ petition is of widespread interest or a significant and novel constitutional issue
• The trial court's order deprived petitioner an opportunity to present a substantial portion of his cause of action
• Conflicting trial court interpretations of the law
• The trial court's order is both clearly erroneous and creates a substantial prejudice towards the petitioner's case
• The party seeking the writ lacks an adequate means to attain relief
• The petitioner will suffer harm or prejudice that cannot be corrected on appeal

Common family law orders reviewable by writ are as follows:

• A prejudgment order on child custody or visitation made either ex parte or at a request for order (RFO) hearing.
• Contempt orders
• Temporary child custody orders
• An order granting or denying change of venue
• An order, before judgment, on exclusive use and possession of property
• A denial of pendente lite attorney fees when the requested fee award is necessary to hire counsel for an imminent child custody hearing
• Hearings on discovery and pleading motions
• An order denying a continuance
• An order granting or denying an expungement motion
• An order denying a motion to quash a case for lack of personal jurisdiction or an inconvenient forum.