Voyles v. Voyles, 799 S.E.2d 160 (Ga. 2017). · Go Syfert
Voyles v. Voyles, 799 S.E.2d 160 (Ga. 2017). Cases Citing This Book View Copy Cite
“he proper appellate procedure to employ depends upon the issue involved in the appeal, even if the order of judgment being challenged on appeal was of the type listed in ocga 5-6-34 (a) (11) and was entered in a child custody case.”
338 citation events (338 in the last 25 years) across 2 distinct courts.
Strongest positive: In the Interest of E. M. F., Children (Grandmother) (gactapp, 2023-11-07) · Strongest negative: Danny Ray Dunn v. Caryn Alissa Dunn (gactapp, 2022-03-09)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Danny Ray Dunn v. Caryn Alissa Dunn (2×)
Ga. Ct. App. · 2022 · signal: but see · confidence high
See generally Davis v. State, 287 Ga. 414, 415, n. 1 ( 696 SE2d 644 ) (2010) (reiterating that an appellate court “may take judicial notice of the records of other cases before [it], in the interest of doing substantial justice and as a means of judicial economy”). 2 Thomas v. Douglas County, 217 Ga. App. 520, 522 (1) ( 457 SE2d 835 ) (1995) (“[A]n order is final and appealable when it leaves no issues remaining to be resolved, constitutes the court’s final ruling on the merits of the action, and leaves the parties with no further recourse in the trial court.”). 3 See, e.g., OCGA § …
discussed Cited as authority (quoted) In the Interest of E. M. F., Children (Grandmother) (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the proper appellate procedure to employ depends upon the issue involved in the appeal
examined Cited as authority (quoted) Terrence Wright v. Amber Hill (4×) also: Cited as authority (rule), Cited "see, e.g."
Ga. Ct. App. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence low
he proper appellate procedure to employ depends upon the issue involved in the appeal, even if the order of judgment being challenged on appeal was of the type listed in ocga 5-6-34 (a) (11) and was entered in a child custody case.
discussed Cited as authority (rule) Gino Miller v. Nicole Adams (2×) also: Cited "see"
Ga. Ct. App. · 2026 · confidence medium
Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017).
cited Cited as authority (rule) Jeremy S. Ramsey v. Khadija Elyse Allen
Ga. Ct. App. · 2026 · confidence medium
This means that the proper appellate procedure to employ depends upon the issue involved in the appeal[.]” Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Theodore Gray, II v. Regina Bailey
Ga. Ct. App. · 2025 · confidence medium
This means that the proper appellate procedure to employ depends upon the issue involved in the appeal, even if the order or judgment being challenged on appeal was of the type listed in OCGA § 5-6-34 (a) (11) and was entered in a child custody case.” Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Julianna Piechoczek v. Stephen Milton (2×) also: Cited "see"
Ga. Ct. App. · 2025 · confidence medium
Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017) (explaining that “the proper appellate procedure to employ depends upon the issue involved in the appeal”).
discussed Cited as authority (rule) Roslyn Hajek v. Thomas Hajek (2×) also: Cited "see"
Ga. Ct. App. · 2025 · confidence medium
Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Ochiagha Onyemobi v. Ijeoma Onyemobi
Ga. Ct. App. · 2025 · confidence medium
“This Court has interpreted OCGA § 5-6-34 (a) (11) as allowing a direct appeal from the types of orders specified in that statute that are entered in custody cases but not from orders relating to child custody issues that are entered in divorce cases.” Voyles v. Voyles, 301 Ga. 44, 45 ( 799 SE2d 160 ) (2017) (citations and punctuation omitted).2 This Court has followed the decision in Todd and held that when a custody determination is made as part of divorce proceedings between the parties, the party seeking to appeal the decision was required to follow the discretionary appeal procedures…
cited Cited as authority (rule) Juan Antonio Sanchez Guerra v. Celeste Maria Jaime
Ga. Ct. App. · 2025 · confidence medium
Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Anthony Anderson v. Kimberly Green (2×) also: Cited "see"
Ga. Ct. App. · 2025 · confidence medium
Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Christina Marie Heyman v. John Russell Heyman
Ga. Ct. App. · 2025 · confidence medium
Rather, “other issues in a divorce action, including child custody, are merely ancillary to the primary issue of whether the marriage should be dissolved[.]” (Citation and punctuation omitted.) Voyles v. Voyles, 301 Ga. 44, 46 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Melissa Rodgers v. Bryan Rodgers (2×) also: Cited "see"
Ga. Ct. App. · 2025 · confidence medium
Because the mother is not challenging any custody ruling in this appeal, she is not entitled to a direct appeal under OCGA § 5-6-34 (a) (11).6 3 OCGA § 5-6-34 (a) (11). 4 See Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017). 5 We note that the superior court explicitly did not include this finding in the written transfer order.
discussed Cited as authority (rule) Javaris Antonio Byrd v. Virlinda Holmes (2×) also: Cited "see"
Ga. Ct. App. · 2024 · confidence medium
Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Margo Jimenez v. Christopher Menke
Ga. Ct. App. · 2024 · confidence medium
“Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 ( 471 SE2d 60 ) (1996). 1 Although OCGA § 5-6-34 (a) (11) permits a direct appeal from child custody rulings, the August 21 order does not include any child custody rulings. “[T]he proper appellate procedure to employ depends on the issue involved in the appeal, even if the order or judgment being challenged on appeal was the type listed in OCGA § 5-6-34 (11) and was entered in a child custody case.” Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017)…
cited Cited as authority (rule) Sabrina Belflower v. William Mohler
Ga. Ct. App. · 2024 · confidence medium
Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Nathan Alexander Hartman v. John Joseph De Caro (2×) also: Cited "see"
Ga. Ct. App. · 2024 · confidence medium
Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Monica Susanne McKee v. Thomas Allen Baggett (2×) also: Cited "see"
Ga. Ct. App. · 2023 · confidence medium
See OCGA § 5-6-35 (a) (2), (b); Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017) (an appeal 1 The parties disagree as to whether Monica received any funds she was entitled to at the time of the transfer. in a domestic relations case in which custody is not at issue must be brought by discretionary application).
discussed Cited as authority (rule) FREDERICK C. LOW v. VIRGINIA JACOBS
Ga. Ct. App. · 2023 · confidence medium
Where, as here, an appeal is taken from a trial court order that contains rulings on multiple issues, the proper appellate procedure is determined by the issue raised in the appeal.3 While a judgment enforcing a settlement agreement has been described as procedurally analogous to an order granting summary judgment,4 an order denying a motion to set aside is subject to the discretionary appeal procedures.5 Applying the “issue-raised-on appeal” rule, because the Lows are challenging only the denial of their motion to set aside, they were required to follow the discretionary appeal procedures…
cited Cited as authority (rule) Alisha Wynn v. David Urode
Ga. Ct. App. · 2022 · confidence medium
Voyles v. Voyles, 301 Ga. 44, 46-47 ( 799 SE2d 160 ) (2017) (explaining that appellate courts look to the issue raised on appeal to determine whether a party is entitled to a direct appeal).
discussed Cited as authority (rule) Caleb Cole Thompson v. Amber Louise Thompson
Ga. Ct. App. · 2022 · confidence medium
Thus, direct appeals will not lie from “orders relating to child custody issues that are entered in divorce cases.” Voyles v. Voyles, 301 Ga. 44, 45 ( 799 SE2d 160 ) (2017) (punctuation omitted); accord Hoover v. Hoover, 295 Ga. 132, 134 (1) ( 757 SE2d 838 ) (2014) (“Where, as here, child custody issues are ancillary to a divorce action, the determination of child custody does not transform the case into a ‘child custody case,’ as that phrase is used in OCGA § 5-6-34 (a) (11), for purposes of determining the appropriate method for appealing a child custody order.”).
discussed Cited as authority (rule) Jonah Addis v. Deauna McQueen
Ga. Ct. App. · 2022 · confidence medium
Thus, direct appeals will not lie from “orders relating to child custody issues that are entered in divorce cases.” Voyles v. Voyles, 301 Ga. 44, 45 ( 799 SE2d 160 ) (2017) (punctuation omitted); accord Hoover v. Hoover, 295 Ga. 132, 134 (1) ( 757 SE2d 838 ) (2014) (“Where, as here, child custody issues are ancillary to a divorce action, the determination of child custody does not transform the case into a <child custody case,’ as that phrase is used in OCGA § 5-6-34 (a) (11), for purposes of determining the appropriate method for appealing a child custody order.”).
discussed Cited as authority (rule) In the Interest of S. W., a Child (Mother)
Ga. Ct. App. · 2022 · confidence medium
To support his argument, the father cites the rule that a judgment or order is not directly appealable under OCGA § 5-6-34 (a) (11) unless the case also involves “custody [as] an issue on appeal.” Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017); accord Capehart v. Mitchell, 358 Ga. App. 86 , 88 (2) ( 851 SE2d 846 ) (2020).
discussed Cited as authority (rule) Keith Lee Stewart v. Bridgette Stewart
Ga. Ct. App. · 2021 · confidence medium
Thus, direct appeals will not lie from “orders relating to child custody issues that are entered in divorce cases.” Voyles v. Voyles, 301 Ga. 44, 45 ( 799 SE2d 160 ) (2017) (punctuation omitted); accord Hoover v. Hoover, 295 Ga. 132, 134 (1) ( 757 SE2d 838 ) (2014) (“Where, as here, child custody issues are ancillary to a divorce action, the determination of child custody does not transform the case into a ‘child custody case,’ as that phrase is used in OCGA § 5-6-34 (a) (11), for purposes of determining the appropriate method for appealing a child custody order.”).
discussed Cited as authority (rule) Cameisha A. Barnes v. Jamar D. Barnes
Ga. Ct. App. · 2021 · confidence medium
Because “custody is 3 Voyles v. Voyles, 301 Ga. 44, 45 ( 799 SE2d 160 ) (2017). 4 Id. at 46-47 . 3 therefore not an issue on appeal in this domestic relations case under OCGA § 5-6-35 (a) (2),” it is not subject to a direct appeal pursuant to OCGA § 5-6-34 (11).5 The trial court specifically reserved ruling on the parties’ motions for attorney fees, and it did not limit its consideration to only OCGA § 9-15-14.
cited Cited as authority (rule) Nicholene Nelson v. Carey O'Neil McKenzie
Ga. Ct. App. · 2021 · confidence medium
See OCGA § 5-6-35 (a) (2); Voyles v. Voyles, 301 Ga. 44, 45 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Quang Pham v. Nguyet Ngo
Ga. Ct. App. · 2021 · confidence medium
See OCGA § 5-6-35 (a) (2), (b); Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017) (an appeal in a domestic relations case in which child custody is not at issue must be brought by discretionary application).
cited Cited as authority (rule) Dolly Thomas Vettukallel v. Roy Augustian
Ga. Ct. App. · 2021 · confidence medium
See OCGA § 5-6-35 (a) (2), (b); Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) In the Interest of K. P., a Child (Mother)
Ga. Ct. App. · 2019 · confidence medium
See OCGA § 5-6-35 (a) (2), (b); Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017) (an appeal in a domestic relations case in which custody is not at issue must be brought by discretionary application).
cited Cited as authority (rule) Jennice Irene Carter v. Kenneth Alex Simpson
Ga. Ct. App. · 2019 · confidence medium
To determine whether a party may bring a direct appeal, we look to the “issue raised on appeal.” See Voyles v. Voyles, 301 Ga. 44, 46-47 ( 799 SE2d 160 ) (2017).
cited Cited as authority (rule) Mario Ross v. Chenea Small
Ga. Ct. App. · 2019 · confidence medium
To determine whether a party may bring a direct appeal, we look to the “issue raised on appeal.” See Voyles v. Voyles, 301 Ga. 44, 45-46 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Torrence Steven Jackson v. Viola Shandtrala Jackson
Ga. Ct. App. · 2019 · confidence medium
But OCGA § 5-6-34 (a) (11) allows a “direct appeal from the types of orders specified in that statute that are entered in ‘custody cases’ [and] not from orders relating to child custody issues that are entered in ‘divorce cases.’” Voyles v. Voyles, 301 Ga. 44, 45-46 ( 799 SE2d 160 ) (2017); see also Hoover v. Hoover, 295 Ga. 132, 134 (1) ( 757 SE2d 838 ) (2014) (holding that when child custody issues are ancillary to a divorce action, the determination of child custody does not transform the case into a “child custody case”); Todd v. Todd, 287 Ga. 250, 251 (1) ( 703 SE2d 597 )…
cited Cited as authority (rule) Ogundiran Ogunlana v. Jestein C. Futrell
Ga. Ct. App. · 2019 · confidence medium
To determine whether a party may bring a direct appeal, we look to the “issue raised on appeal.” See Voyles v. Voyles, 301 Ga. 44, 45-46 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Debra A. Rogers v. James R. Stevens (2×) also: Cited "see"
Ga. Ct. App. · 2019 · confidence medium
This means that the proper appellate procedure to employ depends upon the issue involved in the appeal, even if the order . . . was entered in a child custody case.” Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Willie R. Edwards v. Billie Edwards
Ga. Ct. App. · 2018 · confidence medium
However, OCGA § 5-6-34 (a) (11) allows a “direct appeal from the types of orders specified in that statute that are entered in ‘custody cases’ but not from orders relating to child custody issues that are entered in ‘divorce cases.’” Voyles v. Voyles, 301 Ga. 44, 45-46 ( 799 SE2d 160 ) (2017); see Hoover v. Hoover, 295 Ga. 132, 134 (1) ( 757 SE2d 838 ) (2014) (holding that when child custody issues are ancillary to a divorce action, the determination of child custody does not transform the case into a “child custody case” for purposes of determining the appropriate method for …
discussed Cited as authority (rule) Osha Berry v. Donnie Berry
Ga. Ct. App. · 2018 · confidence medium
But OCGA § 5-6-34 (a) (11) allows a “direct appeal from the types of orders specified in that statute that are entered in ‘custody cases’”; “not from orders relating to child custody issues that are entered in ‘divorce cases.’” Voyles v. Voyles, 301 Ga. 44, 45-46 ( 799 SE2d 160 ) (2017); see Hoover v. Hoover, 295 Ga. 132, 134 (1) ( 757 SE2d 838 ) (2014) (holding that when child custody issues are ancillary to a divorce action, the determination of child custody does not transform the case into a “child custody case”); Todd v. Todd, 287 Ga. 250, 251 (1) ( 703 SE2d 597 ) (20…
discussed Cited as authority (rule) Laura Lee Steedley v. Elmer A. Steedley
Ga. Ct. App. · 2018 · confidence medium
OCGA § 5-6-34 (a) (11) allows a “direct appeal from the types of orders specified in that statute that are entered in ‘custody cases’ but not from orders relating to child custody issues that are entered in ‘divorce cases.’” Voyles v. Voyles, 301 Ga. 44, 45-46 ( 799 SE2d 160 ) (2017).
discussed Cited as authority (rule) Bridgette Morris v. Bruce Davis Smith
Ga. Ct. App. · 2018 · confidence medium
See OCGA § 5-6-35 (a) (2), (b); Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017) (an appeal in a domestic relations case in which custody is not at issue must be brought by discretionary application); Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 ( 471 SE2d 60 ) (1996) (“Regardless how this case was couched or pursued, it involves collection of child support moneys and it is a domestic relations matter.”) (punctuation omitted).
cited Cited as authority (rule) Christopher Matthew Ford v. Cynthia Avery Ford
Ga. Ct. App. · 2018 · confidence medium
Voyles v. Voyles, 301 Ga. 44, 45-46 ( 799 SE2d 160 ) (2017) (footnote omitted).
cited Cited as authority (rule) Rebecca Kate Chapman v. Kelly O'Brian Chapman
Ga. Ct. App. · 2017 · confidence medium
Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017).
discussed Cited "see" Amwaste of Georgia, LLC v. John Dunn (2×)
Ga. Ct. App. · 2026 · signal: see · confidence high
See Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017) (explaining that “the proper appellate procedure to employ depends upon the issue involved in the appeal”).
examined Cited "see" Brittany Harrison v. Joshua Geiger (3×)
Ga. Ct. App. · 2026 · signal: see · confidence high
See Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017) (husband could not challenge custody ruling without first challenging the trial court’s ruling on a motion to set aside, which required a discretionary application in order to appeal). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) ( 405 SE2d 265 ) (1991).
discussed Cited "see" Joshua Broyles v. Fayth McNeal (2×)
Ga. Ct. App. · 2026 · signal: see · confidence high
See Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017) (“[T]he ‘issue-raised-on-appeal’ rule applies to appeals from orders or judgments in child custody cases.
discussed Cited "see" Everett B. Slay v. Stacie D. Ross (2×)
Ga. Ct. App. · 2026 · signal: see · confidence high
See Voyles v. Voyles, 301 Ga. 44, 45 ( 799 SE2d 160 ) (2017); OCGA § 5-6-34(a)(11), (d).
discussed Cited "see" MOUSTAPHA KEBE v. VALDOSTA CITY SCHOOL DISTRICT (2×)
Ga. Ct. App. · 2025 · signal: see · confidence high
See Voyles v. Voyles, 301 Ga. 44, 46-47 ( 799 SE2d 160 ) (2017) (the issue raised on appeal governs whether an appeal must be initiated by filing an application for discretionary review).
examined Cited "see" Chad Turner v. Laronda Dabney (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2025 · signal: see · confidence high
See Voyles v. Voyles, 301 Ga. 44 , 46–47 ( 799 SE2d 160 ) (2017) (even where an appeal arises from the type of order specified in OCGA § 5-6-34(a)(11) in a child custody case, appellate courts must look to the “issue raised on appeal” to determine what procedure a party must follow to obtain appellate review).
discussed Cited "see" Findlay Clarke v. Excomoria Clarke (2×)
Ga. Ct. App. · 2025 · signal: see · confidence high
See Voyles v. Voyles, 301 Ga. 44, 45 ( 799 SE2d 160 ) (2017) (although OCGA § 5-6-34 (a) (11) allows direct appeals in child custody cases, direct appeals are not permitted “from orders relating to child custody issues that are entered in divorce cases”) (citation and punctuation omitted); Onyemobi v. Onyemobi, 375 Ga. App. 538 , 541 ( 916 SE2d 738 ) (2025) (“[W]hen a trial court issues a child custody determination as part of divorce proceedings, any appeal seeking review of that child custody determination requires that the appellant utilize the discretionary appeal procedures set for…
discussed Cited "see" Shalaire Lamond Johnson v. Brittany Lachela Johnson (2×)
Ga. Ct. App. · 2025 · signal: see · confidence high
See Voyles v. Voyles, 301 Ga. 44, 46-47 ( 799 SE2d 160 ) (2017) (the issue raised on appeal governs whether an appeal must be initiated by filing an application for discretionary review).
examined Cited "see" Marquez Walker v. Georgia Department of Human Services (3×)
Ga. Ct. App. · 2025 · signal: accord · confidence high
Compare OCGA § 5-6-34 (a) (11), with OCGA § 5-6-35 (a) (2), (b); accord Voyles v. Voyles, 301 Ga. 44, 47 ( 799 SE2d 160 ) (2017).
discussed Cited "see" Omar Suarez v. Lakesha Marrero (2×)
Ga. Ct. App. · 2025 · signal: see · confidence high
See Voyles v. Voyles, 301 Ga. 44, 45 , 799 S.E.2d 160 (2017) (although OCGA § 5-6-34 (a) (11) allows direct appeals in child custody cases, direct appeals are not permitted “from orders relating to child custody issues that are entered in divorce cases”) (citation and punctuation omitted); Onyemobi v. Onyemobi, 375 Ga. App. 538 , 541 ( 916 SE2d 738 ) (2025)(“when a trial court issues a child custody determination as part of divorce proceedings, any appeal seeking review of that child custody determination requires that the appellant utilize the discretionary appeal procedures set forth …
Retrieving the full opinion text from the archive…
VOYLES
v.
VOYLES
S17A0970.
Supreme Court of Georgia.
Apr 17, 2017.
799 S.E.2d 160
Edwards, McLeod & Money, J. Michael Money, for appellant., William R. Pike, for appellee.
Benham.
Cited by 144 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #43,974 of 633,719
Citer courts: Court of Appeals of Georgia (2)
BENHAM, Justice.

Appellant James E. Voyles (Husband) and appellee Tara H. Voyles (Wife) were divorced in February 2015. In the divorce proceeding, the trial court entered a final decree which named Wife as the primary physical custodian of the parties’ child and approved and incorporated the terms of the parties’ parenting plan. In December 2015, Husband filed a petition in which he sought to hold Wife in contempt of the property distribution provisions of the divorce decree, in contempt of various portions of the parenting plan, and by later amendment sought to be named as the child’s primary physical custodian. Wife filed her own petition for modification and contempt, in which, among other things, she sought to modify the parenting plan incorporated into the divorce decree. Husband answered Wife’s petition and filed a counterclaim, again requesting in relevant part, a modification of custody to award him full or joint physical custody of the child. Wife moved to dismiss Husband’s petition for contempt and his counterclaim to her petition. Pursuant to a rule nisi, the trial court consolidated the two cases and conducted a joint hearing, at which Husband was not present. The trial court then entered a joint order on August 2, 2016, granting Wife’s motion to dismiss Husband’s contempt petition (as amended) and his counterclaim to her petition; granting her motion to find Husband in contempt; granting her petition to modify the 2015 divorce decree with respect to various aspects of the parenting plan; and ordering Husband to pay past due unreimbursed health care expenses and attorney fees.

Acting pro se, Husband filed a motion in which he sought to set aside the August 2 joint order and sought a new hearing on the ground that he was unaware of the hearing date because he had not received proper notice of it. After conducting a hearing, the trial court entered an order dated October 14, 2016, denying Husband’s motion to set[*45] aside and for a new hearing. Husband then filed a notice of appeal directed to the Court of Appeals seeking review of this October 2016 order, and the Court of Appeals transferred the case to this Court. Inasmuch as this appeal seeks review of the denial of what was, in substance, a motion to set aside an order that ruled on petitions for contempt involving, in part, aspects of the divorce decree other than custody, this Court has subject matter jurisdiction. See Rogers v. McGahee, 278 Ga. 287 (1) (602 SE2d 582) (2004).[1]

Nevertheless, an issue remains as to whether Husband followed the proper procedure for seeking appellate review. We conclude he did not, and that the appeal must be dismissed. We dismiss this case by opinion, as opposed to the usual dismissal order, so that we may clarify the law and provide guidance regarding which appellate procedure should be followed in a case like this one where the issue raised on appeal concerns a matter other than custody (here, whether the trial court properly denied Husband’s motion to set aside).

Generally, appeals from orders entered in domestic relations cases must be pursued by discretionary application.[2] See OCGA § 5-6-35 (a) (2). A direct appeal is proper under OCGA § 5-6-34 (a) (11) from all judgments or orders “in child custody cases” that award, refuse to change, or modify child custody, or orders that hold or decline to hold persons in contempt of child custody orders. This Court has interpreted OCGA § 5-6-34 (a) (11) as allowing a direct appeal from the types of orders specified in that statute that are entered in “custody cases” but not from orders relating to child custody issues that are entered in “divorce cases.” See Hoover v. Hoover, 295 Ga. 132, 134 (1) (757 SE2d 838) (2014) (where child custody issues are ancillary to a divorce action, the determination of child custody does not transform the case into a “child custody case”);[*46] Todd v. Todd, 287 Ga. 250, 251 (1) (703 SE2d 597) (2010) (“[a] 11 other issues in a divorce action, including child custody, are merely ancillary to [the] primary issue [of whether the marriage should be dissolved]”). And, even if the appeal arises from the type of order specified in OCGA § 5-6-34 (a) (11) and that order was entered in a “child custody” case, this Court has also looked to the issue raised on appeal in determining whether a party was entitled to a direct appeal. For example, in Froehlich v. Froehlich,[3] this Court noted that visitation is treated as an aspect of child custody for purposes of appellate procedure and held that therefore a direct appeal was the proper appellate procedure for seeking review of an order finding the father in contempt for wilfully violating the visitation provisions of a modified parenting plan where father was challenging that ruling on appeal. See also Singh v. Hammond, 292 Ga. 579 (740 SE2d 126) (2013) (noting the Court granted a discretionary application where the case started as a child custody modification action, but child support was the only issue raised on appeal); Vines v. Vines, 292 Ga. 550, 551 (1), n. 2 (739 SE2d 374) (2013) (noting, in a case involving child custody and visitation rights, that a direct appeal from that portion of the trial court order that related only to a child support ruling had been dismissed for failure to file an application to appeal).

While this Court has generally followed a rule that looks at the issue raised on appeal to determine the proper procedure for seeking appellate review in domestic relations cases, in at least one case, this Court retained a direct appeal from a post-divorce modification action where the only enumerations of error concerned child support, not child custody. See Strunk v. Strunk, 294 Ga. 280 (754 SE2d 1) (2013). In the Strunk case, however, this appellate procedure issue was neither raised nor addressed. Additionally, this Court did not appear to follow the “issue-raised-on-appeal” rule in Edge u. Edge,4 when we held that an order granting a motion to set aside a previous order relating, among other things, to child custody and visitation rights was directly appealable under OCGA § 5-6-34 (a) (11), even though the issue raised on appeal was whether the trial court properly granted the motion to set aside. But in Edge the Court was considering an earlier version of OCGA § 5-6-34 (a) (11), which provided for a direct appeal from “[a]ll judgments or orders [entered] in child custody cases” generally, and the issue for the Court’s decision was whether an appeal from an order entered in a post-divorce proceeding that changed visitation qualified as an order entered in a “child[*47] custody case” as defined under Todd, supra, 287 Ga. at 251. Thus, the focus in Edge was not on whether the issue raised on appeal could alter a party’s right to a direct appeal under OCGA § 5-6-34 (a) (11), and to the extent that Edge can be read to address that question, it hereby is disapproved.

Decided April 17, 2017. Edwards, McLeod & Money, J. Michael Money, for appellant. William R. Pike, for appellee.

For the clarity of the bench and bar, we now reiterate that the “issue-raised-on-appeal” rule applies to appeals from orders or judgments in child custody cases. This means that the proper appellate procedure to employ depends upon the issue involved in the appeal, even if the order or judgment being challenged on appeal was of the type listed in OCGA § 5-6-34 (a) (11) and was entered in a child custody case.[5]

Turning to this case, Husband has not directly challenged on appeal the court’s substantive ruling refusing to change custody Indeed, he could not do so unless he first succeeded on his motion to set aside. This is an appeal from an order denying a motion to set aside the trial court’s order on the ground of inadequate notice of a hearing. As custody is therefore not an issue on appeal in this domestic relations case under OCGA § 5-6-35 (a) (2) and as Husband failed to follow the discretionary application procedures set out in OCGA § 5-6-35, we hereby dismiss his appeal.

Appeal dismissed.

All the Justices concur, except Peterson, J., not participating.
1

We note that effective January 1, 2017, jurisdiction over matters relating to divorce cases was transferred from the Supreme Court to the Court of Appeals. OCGA § 15-3-3.1 (a) (5). As the notice of appeal in this case was filed prior to that date, however, this Court properly has subject matter jurisdiction.

2

This case involves the denial of a motion to set aside that, but for the fact that it is a domestic relations case, would be directly appealable because it is based on an alleged lack of notice of a hearing rather than on a non-amendable defect in the record. See Case v. State, 300 Ga. 208, 209-210 (1) (794 SE2d 93) (2016) (holding that OCGA § 5-6-35 does not require a discretionary application to appeal from an order denying a motion to set aside to correct clerical error pursuant to OCGA § 9-11-60 (g), even though OCGA § 5-6-35 (a) (8) requires a discretionary application to appeal from orders denying motions to set aside based on non-amendable defects appearing on the face of the record pursuant to OCGA § 9-11-60 (d) (3)). The domestic relations subject matter of the case, however, requires a discretionary application in this context. See Ferguson v. Composite State Bd. of Med. Examiners, 275 Ga. 255, 257 (1) (564 SE2d 715) (2002); Schmidt v. Schmidt, 270 Ga. 461 (510 SE2d 810) (1999); Rebich v. Miles, 264 Ga. 467, 469 (448 SE2d 192) (1994).

5

Accordingly, we hereby overrule the Court of Appeals’ contrary case law, including Division 1 of Collins v. Davis, 318 Ga. App. 265, 266-269 (1) (733 SE2d 798) (2012).