West Virginia Code § 51-2A-14

Review by circuit court; record; standard of review; temporary order
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(a) The circuit court may refuse to consider the petition for appeal may affirm or reverse the
order, may affirm or reverse the order in part or may remand the case with instructions for
further hearing before the family court judge.
(b) In considering a petition for appeal, the circuit court may only consider the record as
provided in subsection (d), section eight of this article.
(c) The circuit court shall review the findings of fact made by theu family court judge under
the clearly erroneous standard and shall review the application of law to the facts under an
abuse of discretion standard.
(d) If the circuit court agrees to consider a petition fora appeal, the court shall provide the
parties an opportunity to appear for oral argument, upon the request of either party or in the
discretion of the court. The provisions of this subselction are effective until the adoption of
rules by the Supreme Court of Appeals governsing the appellate procedures of family courts.
(e) If the proceeding is remanded to the faimily court, the circuit court must enter
appropriate temporary orders for a parenting plan or other allocation of custodial
responsibility or decision-making responsibility for a child, child support, spousal support or
such other temporary relief as the circumstances of the parties may require. If the circuit
court remands the case to the family court, it must state the legal or factual issues to be
considered by the family court on remand. If the family court determines that the
consideration of those issues also requires consideration of collateral or interdependent
issues, the family court may also consider those other collateral or interdependent issues.
(f) The circuitV court must enter an order ruling on a petition for appeal within sixty days
from the last day a reply to the petition for appeal could have been filed. If the circuit court
does not enter the order within the sixty-day period or does not, within the sixty-day period,
enter an order stating just cause why the order has not been timely entered, the circuit clerk
shall send a written notice to the parties that unless the parties both file an objection within
fourteen days of the date of the notice, the appeal will be transferred to the Supreme Court
of Appeals as provided in section fifteen of this article due to the failure of the circuit court
to timely enter an order. The appeal shall be transferred without the necessity of the filing of
any petition or further document by the petitioner.

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