Magistrates Orders And Review Requests In Colorado Springs Divorce and Family Law

Are you involved in a divorce or child custody case involving a Magistrate? (The Colorado statutory tiles for these are dissolution of marriage and allocation of parental responsibilities). An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count. It is important to understand the differences between magistrates and district court judges as well as to be informed about recent changes in the magistrate review process.

After a magistrate issues an order, a request for review may be requested. The effective date of the order is relevant for review purposes as that date starts a review timeline. An order or judgment of a magistrate in any judicial proceeding shall be effective upon the date of the order or judgment and shall remain in effect pending review by a reviewing judge unless stayed by the magistrate or by the reviewing judge. It may be advisable to request a stay pending review on the record.

Every written order or judgment of a magistrate must contain a notice regarding the review process. Notice must be given that review must be requested within 21 days of order issuance. On January 2, 2026, the timeline changes to 28 days to request a review and the ability for the moving party to request an extension is eliminated. The requesting party should request an expedited transcript immediately as the requesting party is not eligible for an extension of time. The timeline to respond to a request is changed to 14 days, and the responding party can request a continuance to request a transcript as needed, or for “exceptional circumstances”. If the court does not rule in 91 days, the request is deemed denied. Only a final order or judgment of a magistrate is reviewable. A final order is defined as one that “fully resolves an issue or claim.”

The “final order or judgment is not reviewable until it is written, dated, and signed by the magistrate.”A magistrate can sign and date a written minute order generated on the day of the hearing and distribute to both parties. An extension of time to file an answer will often be necessary for the responding party to obtain a transcript due to the short timeline in which the answer must be filed.

A review of a magistrate decision is requested by petition. A petition for review shall state with particularity the alleged legal or factual errors in the order and may be accompanied by brief identifying legal authority. As with all filings, the opposing party must be provided with a copy. An answer may be filed within 14 days after the petition is filed. A party seeking review of a magistrate’s order must provide the reviewing court with a copy of the transcript because a failure to file a copy of the transcript creates a presumption that the record supports the magistrate’s order. Thus the request should be well-grounded in the evidence submitted at trial as shown by the transcript. As with appeals of district court judicial orders, an error of fact or law must be based on the evidence submitted during the hearing, and the issue on review must have been preserved in the trial court hearing.

While in most cases magistrate review is requested by petition, there was previously an exception for matters where consent was required. That application could be made to the Court of Appeals as opposed to the district court. On January 2, 2026 a direct request to the Court of Appeals is no longer an option and all requests for review have to go through the district court first. For purposes of review, the consent/nonconsent distinction is no longer relevant.

Consent for magistrate jurisdiction is necessary for permanent contested orders concerning property division, maintenance, child support, or allocation of parental responsibilities. Keep in mind that consent by conduct or lack of conduct, as well as express consent in writing or on the record constitutes consent. In practice, it is not common for magistrates to preside over contested permanent orders hearings. Because of the petition and answer process of the request for review, no reply is permitted without consent of the Court.

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid one-hour advice sessions for a more in-depth analysis of your case.