MAGISTRATE ORDER REVIEW SERVICES
If a magistrate in Colorado issued a family law order that affects your custody, child support, or property division and you believe it contains legal errors, you have 28 days to file a petition for review with the district court. Miss that window and the magistrate's order becomes the order of the district court. The magistrate review process is your structured path to challenge that ruling, but the deadlines are strict and the procedural requirements unforgiving.
Moran, Allen & Associates provides free initial consultations to evaluate your magistrate's order and protect your review rights before time runs out.
Call today for a free case evaluation.
TABLE OF CONTENTS
HOW MORAN, ALLEN & ASSOCIATES CAN HELP
Former prosecutors with extensive trial court hearing and negotiation experience in El Paso County
Handling family law magistrate reviews since 2021, including matters in which the district court modified or remanded the magistrate's order. Past results depend on the facts of each case and do not guarantee a similar outcome.
Licensed family law attorneys serving El Paso, Teller, and Fremont Counties
Free initial consultation to evaluate your magistrate's decision and identify alleged errors worth challenging
Deadline-focused process so your petition for review is prepared and filed within the 28-day window set by C.R.M. Rule 7
Response within 24 hours to protect your appeal rights and meet the strict deadlines the rule imposes
Comprehensive review strategy that analyzes both legal errors and clearly erroneous factual determinations
OUR MAGISTRATE REVIEW SERVICES
A magistrate review focuses on legal errors or clearly erroneous factual findings, not personal preference or dissatisfaction with an outcome. We help you identify genuine grounds for review and present them effectively to the reviewing judge.
District Court Petition Filing
What it covers: Complete petition preparation and filing within the 28-day deadline under Colorado rules. Every petition for review must state the alleged errors with particularity, state whether a transcript has been requested if one is not yet available, and comply with all El Paso County filing requirements.
Who it's for: Any party seeking review of an unfavorable magistrate's final order in a family law case, whether the case involved a contested permanent orders hearing or proceedings arising from enforcement actions.
Typical result: A district court ruling on your petition. What that ruling can do depends on whether the magistrate needed your consent to hear the case, which is explained under How the Review Process Works below.
Child Custody and Support Order Reviews
What it covers: Challenging magistrate orders on parental responsibilities, parenting time, child support calculations, or custody modifications. This includes orders on child support or allocation of parental responsibilities that a magistrate entered without proper legal authority or based on clearly erroneous factual determinations.
Who it's for: Parents facing unfavorable custody or support rulings from Colorado Springs magistrates who believe the magistrate misapplied the law or misinterpreted the evidence.
Typical result: District court correction of custody arrangements, support calculations, or parenting time schedules based on demonstrated legal or factual errors.
Divorce Settlement Order Reviews
What it covers: Reviewing magistrate orders on property division, maintenance, child support determinations, and other divorce decree terms.
Who it's for: Divorced spouses with unfavorable magistrate rulings on financial matters who can identify specific legal errors in the magistrate's reasoning.
Typical result: District court modification of property division or maintenance awards where the magistrate's decision departed from C.R.S. 14-10-113 or C.R.S. 14-10-114, or was based on clearly erroneous factual findings.
HOW THE REVIEW PROCESS WORKS
Step 1: Consultation Within 24 Hours
We provide a free evaluation of your magistrate's order, starting with whether the order qualifies as a final order eligible for review. We identify reviewable legal errors, assess whether the factual determinations were clearly erroneous, and calculate your exact due date for filing. Parties have 28 days to file a petition for review, and this clock starts the moment the written order becomes reviewable.
We also assess whether a motion to reconsider or a motion to correct clerical errors should be filed with the magistrate first. That motion is due within 14 days of the order becoming reviewable, and a response is due 7 days later. Neither date can be extended.
Filing that motion pauses the 28-day petition clock until the magistrate rules. If no ruling issues within 21 days of the response due date, the motion is deemed denied and the clock resumes. If the magistrate grants the motion, a fresh 28 days runs from the amended order.
Step 2: Petition Preparation and District Court Filing
Our team conducts comprehensive legal research and prepares a detailed brief challenging the magistrate's ruling. A petition for review must be filed with the district court in the same case file, which for El Paso County matters means El Paso County District Court. The petition must state the alleged errors with particularity and indicate whether a transcript has been requested.
Under current Colorado rules, no new evidence is presented during a magistrate order review. The district court judge reviews the petition, any opposition, and the record from the magistrate hearing, which makes the quality of legal argument essential.
There is one consequence worth understanding before you decide about a transcript. If no transcript was requested, the reviewing judge presumes the record would have supported the magistrate's findings of fact. That presumption is difficult to overcome, which is why the transcript decision is often the most important early call in the case.
Step 3: District Court Review and Decision
Once the petition is filed, the opposing party has 14 days to file an opposition. That deadline cannot be extended unless the district court finds exceptional circumstances or more time is needed to obtain the transcript. No reply is permitted.
What happens next depends on whether the magistrate needed your consent to hear the matter. A magistrate can preside over most Colorado family law proceedings without consent, but consent is required for a contested hearing that results in permanent orders on property division, maintenance, child support, or allocation of parental responsibilities.
If consent was not required, the district court reviews the petition, the opposition, and the record. It may remand the matter to the magistrate with instructions, or adopt, reject, or modify the order. Conclusions of law are reviewed de novo. Findings of fact stand unless clearly erroneous.
If consent was required, the district court's role is narrower. It examines the record to confirm consent was properly given. If it was, the court directs the parties to file an appeal with the Colorado Court of Appeals within 49 days. If consent was not properly given, the matter is remanded to the magistrate.
If the district court does not decide the petition within 91 days of its timely filing, the magistrate's order is deemed adopted by the district court, and the time to file an appeal begins on that date.
AREAS WE SERVE
Colorado Springs Neighborhoods:
Downtown Colorado Springs
Old Colorado City
Broadmoor Area
Northeast Colorado Springs
Briargate & Northgate
El Paso County Communities:
Security-Widefield
Fountain
Monument
Black Forest
Falcon
Teller County:
Woodland Park
Cripple Creek
Victor
Fremont County:
Cañon City
Florence
Penrose
FREQUENTLY ASKED QUESTIONS
What is the deadline to file a magistrate review petition in Colorado?
Parties have 28 days to petition for review of a magistrate's order under C.R.M. Rule 7. The deadline runs from the date the final order becomes reviewable, which means the order must be written, signed, and dated by the magistrate. A minute order counts if the magistrate signed and dated it.
Before January 2026, the deadline was 14 days if the parties were present when the order was entered and 21 days if it was mailed. The amended rules replaced both with a uniform 28-day period. If no timely petition is filed, the magistrate's order becomes the order of the district court, which almost always eliminates any right to appellate review.
Can I appeal directly to the Colorado Court of Appeals without a magistrate review?
No. All appeals from magistrate orders go to the district court first. Whether or not consent was required for the magistrate to hear the case, you must file a petition for review with the district court before any appeal to the Colorado Court of Appeals is available. This unified path took effect January 2, 2026 under the amended Colorado Rules for Magistrates.
After the district court rules, or the petition is deemed adopted at 91 days, the party seeking review may file an appeal with the appellate court within 49 days.
What types of magistrate orders can be reviewed in Colorado Springs?
Only a final order is eligible for review under C.R.M. Rule 7. A final order is one that fully resolves an issue or claim.
Reviewable orders include permanent orders on child custody and allocation of parental responsibilities, child support calculations and modifications, property division and maintenance awards, contempt proceedings, and enforcement orders.
Temporary orders and interim rulings are generally not final and cannot be reviewed until the case reaches final resolution. There is an exception: temporary orders on child support and maintenance may be reviewed. Parenting time issues in a temporary order may not.
How much does a magistrate review cost in Colorado Springs?
Costs vary based on case complexity, whether a transcript is needed, and the scope of legal research required. There is no filing fee for the petition for review itself.
Transcript costs are separate, cannot be waived, and are usually the largest court-related expense in a magistrate review. They are also often unavoidable, because without a transcript the reviewing judge presumes the record supported the magistrate's findings of fact.
We offer a free initial consultation to assess the merits of your case and provide a rough estimate of anticipated fees, so you can make an informed decision about whether pursuing review is worthwhile given the alleged errors in your case.
What are the key facts about magistrate jurisdiction in Colorado?
Magistrates are not judges. They are qualified judicial officers, appointed under C.R.S. 13-5-201, who are authorized by statute or supreme court rule to enter orders and judgments. A district court magistrate must be an attorney admitted to practice in Colorado and in good standing. No magistrate may preside over a jury trial.
A magistrate may preside over most Colorado family law proceedings without consent, including scheduling conferences, discovery disputes, temporary orders, and motions to modify permanent orders. Consent is required for one category: a contested hearing that results in permanent orders on property division, maintenance, child support, or allocation of parental responsibilities. A magistrate may also issue contempt citations and conduct contempt proceedings without consent.
Consent works differently than most people expect. Since January 2, 2026, you are deemed to have consented if you were advised of your right to have the matter heard by a district court judge and, after entering an appearance or filing a responsive pleading, you either consented in writing or on the record, failed to object within 14 days of notice, or failed to appear after receiving notice.
Once given, consent cannot be withdrawn. Whether consent was required also changes how the district court reviews the magistrate's order, so it is one of the first things we identify in a case evaluation.
GET STARTED TODAY
Contact Moran, Allen & Associates today for a free consultation. We respond the same day, evaluate your magistrate's decision at no cost, and take immediate steps to protect your legal rights.
SOURCES
Colorado Rules for Magistrates, Rules 3, 5, 6, and 7, as amended by Rule Change 2025(18), effective January 2, 2026
Colorado Judicial Branch, Magistrate Review self-help guidance