(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 the respondent in accordance with rule 5 of the rules of civil procedure. The family court may, sua sponte, order a stay of all or part of a final order pending appeal. Subject to the provisions of subsection (c) of this section, the family court may order a stay for the period of time allowed for the filing of a petition for appeal to the circuit court or for any additional period of time pending disposition of the appeal. If the circuit court refuses to consider the petition for appeal, the stay is vacated.
(b) If the family court judge denies a motion for a stay of the proceedings pending appeal, or if the relief afforded is not acceptable, the person desiring to file the petition for appeal may file a motion for a stay of the proceedings to the circuit court. The motion for stay shall be filed with the clerk of the circuit court and served upon the other party in accordance with rule 5 of the rules of civil procedure. Subject to the provisions of subsection (c) of this section, the circuit court may order a stay for the period of time allowed for the filing of a petition for appeal to the circuit court or for any additional period of time pending disposition of the appeal. If the circuit court refuses to consider the petition for appeal, the stay is vacated.
(c) An order granting a motion for a stay under the provisions of this section may not include a stay of an award for the payment of spousal support or child support pending the appeal, except that an award of past-due child support may be stayed pending an appeal.
Structure West Virginia Code
Chapter 51. Courts and Their Officers
§51-2A-1. Family Courts Established
§51-2A-2. Family Court Jurisdiction; Exceptions; Limitations
§51-2A-2a. Family Court Jurisdiction to Restrict Contact Between Parties
§51-2A-3. Number of Family Court Judges; Assignment of Family Court Judges by Family Court Circuits
§51-2A-4. Qualifications of Family Court Judges
§51-2A-5. Term of Office of Family Court Judge; Initial Appointment; Elections
§51-2A-6. Compensation and Expenses of Family Court Judges and Their Staffs
§51-2A-7. Powers; Administrative and Judicial Functions of Family Court Judge
§51-2A-9. Contempt Powers of Family Court Judge
§51-2A-10. Motion for Reconsideration of Family Court Order
§51-2A-11. Petition for Appeal
§51-2A-12. Stay of Proceedings Pending Appeal
§51-2A-13. Motion to Dismiss Appeal
§51-2A-14. Review by Circuit Court; Record; Standard of Review; Temporary Order Upon Demand
§51-2A-15. Review by Supreme Court of Appeals; Assistance for Pro Se Appellants
§51-2A-16. Expiration of Appellate Procedures; Exceptions; Report Requirements
§51-2A-17. Disciplinary Proceedings for Family Court Judges
§51-2A-18. Vacancy in the Office of Family Court Judge
§51-2A-19. Temporary Assignment of Family Court Judges
§51-2A-20. County Commissions Required to Furnish Offices for the Family Court Judges
§51-2A-21. Budget of the Family Court
§51-2A-23. Operative Dates; Terminology
§51-2A-24. Review by Intermediate Court of Appeals; Transfer of Jurisdiction From Circuit Court