2006 Code of Virginia § 16.1-296.2 - Appeals of certain custody and visitation proceedings

16.1-296.2. Appeals of certain custody and visitation proceedings.

A. In any matter in which a filing fee either was or could have been assessedpursuant to 16.1-69.48:5, no appeal shall be allowed unless and until theparty applying for appeal shall, within 10 days from the entry of the finaljudgment or order, either (i) pay to the clerk of the court from which theappeal is taken the amount of the writ tax of the court to which the appealis taken and all other applicable costs or (ii) file with the clerk of thecourt from which the appeal is taken a petition to have the court to whichthe appeal is taken determine that the writ tax and costs need not be paid onaccount of poverty as provided in 17.1-606. The judge or clerk of any courtfrom which the appeal is taken shall promptly transmit to the clerk of theappellate court the original pleadings, together with all exhibits and otherpapers filed in the trial of the case, and either (i) the writ tax and costspaid or (ii) a petition filed to have the court to which the appeal is takendetermine that the writ tax and costs need not be paid on account of povertyas provided in 17.1-606. Upon receipt of the foregoing by the clerk of theappellate court, the case shall then be docketed.

B. Notwithstanding any other provision of law, the writ tax of the court towhich the appeal is taken and other applicable costs shall be assessed onlyonce for all custody and visitation petitions simultaneously appealed by asingle appellant.

(2004, cc. 659, 727.)