- May 18, 2026
- Family Law
Quick Answer: Can I Appeal a Magistrate’s Order in Colorado?
You can appeal a magistrate’s order, but not directly to the Colorado Court of Appeals. The process of appealing a magistrate’s order in Colorado has a mandatory first step: you must file a Petition for Review with a district court judge.
If a magistrate issued a family law ruling in your case, the next step is not always a standard appeal. In many Colorado family law cases, you must first file a Petition for Review with a district court judge before you can appeal the decision.
This often comes up after rulings on parenting time, custody, child support, maintenance, or property division. Missing this step can block your ability to challenge the decision later, even if the magistrate made a legal error.
A Colorado family law attorney can review the order and help you take the correct steps before the deadline expires.
Call (720) 615-1750 to discuss your case with us.Key Takeaways for Appealing a Magistrate Order in Colorado
- You cannot appeal a Colorado magistrate’s decision directly to the Court of Appeals.
- You must first file a Petition for Review with a district court judge in the same courthouse.
- A strict 28-day deadline applies to most petitions for review after the magistrate’s order becomes reviewable.
- Missing the deadline to file the Petition for Review usually results in a complete waiver of your appeal rights.
The Petition for Review Requirement in Colorado Family Law Cases
Filing a Petition for Review with a district court judge is required in cases involving custody, parenting time, child support, maintenance, and property division. Skipping it can prevent you from challenging the decision later.
To move forward, you must:
- File Within 28 Days: You must file the Petition for Review within 28 days after the magistrate’s order becomes reviewable.
- Identify Legal Errors: You must explain what the magistrate got wrong, not just that you disagree with the outcome.
- Provide the Record: The judge reviews the existing record, which may include transcripts, exhibits, and prior filings.
- Wait for Review: The district court judge reviews the magistrate’s decision and issues a ruling without holding a new trial.
Only after this step can you consider taking the case to the Colorado Court of Appeals.
What Happens if You Miss the 28-Day Deadline?
If you miss the 28-day deadline to file a petition for review, the magistrate’s order may become final. That can make it much harder, or sometimes impossible, to challenge the ruling later.
This deadline can affect family law orders involving custody, parenting time, child support, maintenance, or property division.
Magistrate vs District Court Judge in Family Law Cases
A magistrate and a district court judge can both hear Colorado family law issues, but their orders don’t always follow the same review process. That difference matters after rulings on custody, parenting time, support, maintenance, or property division.
Key differences include:
- Authority: A district court judge has broader judicial authority, while a magistrate’s authority comes from the court’s assignment of certain issues.
- Consent: Some family law matters require the parties to consent before a magistrate can hear the issue.
- Final Orders: A judge’s final order may be appealed directly, while a magistrate’s order often must first go through a Petition for Review.
FAQ for Appealing a Magistrate Order in Colorado
Can I Present New Evidence to the District Judge During a Petition for Review?
Generally, you cannot introduce new evidence during a Petition for Review. The district judge’s job is not to rehear the case but to review what happened during the magistrate’s hearing for legal errors.
What Standard of Review Does the Judge Use?
For factual findings, the judge looks for a “clearly erroneous” error, which is a high bar to meet. For legal conclusions or the application of law, the judge reviews the issue from the beginning and decides whether the law was applied correctly.
Does Filing a Petition for Review Postpone the Magistrate’s Order?
Filing a Petition for Review doesn’t automatically pause the magistrate’s order. The order remains in effect while the judge conducts the review, unless you specifically file a motion asking the court to pause the order and the court grants it.
This means you must continue to follow the existing parenting plan or support order until the judge makes a final decision.
Get the Guidance You Need
The process of challenging a magistrate’s ruling is filled with procedural traps and deadlines that can end your case before it begins. An unfavorable decision is not the end of the road, but the next steps require careful attention to detail.
Protecting your rights means following the right procedure at the right time. At Price Family Law, our Denver appellate lawyers help clients navigate the complex legal rules.
If you have received a magistrate order and need to understand your options, contact us at (720) 615-1750 or fill out our online form for a free consultation.
Contact us today at (720) 615-1750 for a case assessment.
