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 exactly 28 days to file a petition for review with the district court – or that magistrate’s order becomes final and binding. The magistrate review process is your structured path to challenge that ruling before a district court judge, 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 – same-day response available.
TABLE OF CONTENTS
WHY COLORADO SPRINGS TRUSTS MORAN, ALLEN & ASSOCIATES
Former prosecutors with extensive trial court hearing and negotiation experience in El Paso County
Handling family law magistrate reviews since 2021 with a proven record of securing modified or reversed orders
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
28-day deadline expertise – we ensure your petition for review reaches the district court on time, every time
Immediate response within 24 hours to protect your appeal rights and meet the strict deadlines imposed by C.R.M. Rule 7
Comprehensive review strategy that analyzes both legal errors and clearly erroneous factual determinations to maximize chances of a favorable district court ruling
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 alleged errors in the order, identify whether a transcript of the hearing may be required if the review is based on testimony, and comply with all El Paso County filing requirements.
Who it’s for: Any party seeking review of an unfavorable magistrate’s final decision in a family law civil case – whether the case involved contested permanent orders hearings or proceedings arising from enforcement actions.
Typical result: Proper district court judicial review of the magistrate’s legal and procedural errors, with the court empowered to affirm, modify, reject, or remand the magistrate’s order.
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 grants without proper legal authority or based on clearly erroneous factual determinations.
Who it’s for: Parents facing unfair 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, or divorce decree terms – including division, maintenance, child support determinations, and orders concerning property division and maintenance.
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 applicable Colorado revised statutes or was based on clearly erroneous factual findings.
HOW THE REVIEW PROCESS WORKS
Step 1: Emergency 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 – so immediate action is critical.
We also assess whether filing a motion for reconsideration or correcting clerical errors within 14 days could benefit your case and toll the petition deadline.
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 of a magistrate order must be filed with a district court – specifically in the same case file with El Paso County District Court. The petition must clearly state alleged errors in the order and indicate whether a transcript is being requested.
Under current Colorado rules, no new evidence is presented during a magistrate order review. The district court judge reviews the petition based on the official record from the magistrate hearing, making the quality of legal argument essential. A district judge reviews the petition for review without new hearings or evidence.
Step 3: District Court Review and Decision
Once the petition is filed, the opposing party has 14 days to respond to the petition for review. The district court then examines the magistrate’s order for legal errors (reviewed de novo) and factual errors (overturned only if clearly erroneous).
The district court must rule within 91 days of the petition filing. If a district judge does not rule within 91 days, the request is generally deemed denied – and the clock for appellate review to the Colorado Court of Appeals begins automatically. After a district judge rules, further appeal may be made to the court of appeals, but all appeals from magistrate orders go to district court first.
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 – meaning the order must be written, signed, and dated by the magistrate. Missing this deadline almost always eliminates your right to appellate review. Before January 2026, deadlines varied depending on whether all parties were present, but the amended rules now provide a uniform 28-day period. Magistrate orders become district court orders if not reviewed within this timeframe.
Can I appeal directly to the Colorado Court of Appeals without a magistrate review?
No. Under current Colorado law, all appeals from magistrate orders go to district court first. Regardless of whether parties 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 appeal path took effect January 2, 2026 under amended C.R.M. Rules. After the district court issues its ruling – or the petition is deemed denied after 91 days – the party seeking review may then file with the appellate court.
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. Reviewable orders include permanent orders on child custody and allocation of parental responsibilities, child support calculations and modifications, property division and maintenance/spousal support awards, contempt proceedings, and enforcement orders. Temporary orders and interim rulings that do not fully resolve the issues are not considered final and cannot be reviewed until final resolution.
How much does a magistrate review cost in Colorado Springs?
Costs vary based on case complexity, whether transcripts are needed, and the scope of legal research required. A transcript of the hearing may be required if the review is based on testimony, and transcript costs are non-waivable. We offer a free initial consultation to assess the merits of your case and provide a rough estimate of anticipated fees. This consultation helps you make an informed decision about whether pursuing the magistrate review process offers sufficient value given the alleged errors in your case.
What are the key facts about magistrate jurisdiction in Colorado?
Magistrates are not full judges in Colorado – they are appointed judges authorized under C.R.S. §§ 13-5-301 to 13-5-305 to handle certain judicial proceedings. Magistrates can preside over most family law hearings without consent, including scheduling conferences, discovery issues, pre trial matters, and temporary orders. However, consent is required for magistrates in contested hearings, and consent is required for magistrates to issue permanent orders in family law. Consent can be given in writing or orally in court, and failure to object within 14 days implies consent to a magistrate. Once given, consent to a magistrate cannot be withdrawn. Critically, parties must be notified of their right to a district court judge – such notice is required under the Colorado rules. Magistrates cannot conduct jury trials in Colorado, and judgments by magistrates are legally binding but limited in scope compared to those of a district court judge. Magistrates may also issue citations for contempt without consent.
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.
