Del. C. » Title 10 — Organization, Powers, Jurisdiction and Operation of Courts · CHAPTER 9. The Family Court of the State of Delaware · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 1051 (2026)

Appeals generally

✓ current as of May 2026
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(a) From any order, ruling, decision or judgment of the Court in any civil proceeding, including any delinquency proceeding, there shall be the right of appeal as provided by law to the Supreme Court.

(b) From any order, ruling, decision or judgment of the Court in any criminal proceeding, there shall be the right of appeal in the first instance as provided by law to the Superior Court in the same county in which the case was adjudicated by the Court, with the further right of appeal as provided by law to the Supreme Court from an affirmance by the Superior Court of the order of the Court which was appealed, or from the entry of a judgment of conviction by the Superior Court upon a trial de novo on appeal to that Court.

(c) An appeal shall be taken within 30 days from the date of the disposition, or within such time as provided by law.

(d) No appeal shall stay the execution of any order of the Court unless such stay shall be specifically ordered by this Court in the first instance or by the appellate court.

10 Del. C. 1953, §  960;  58 Del. Laws, c. 114, §  1;  65 Del. Laws, c. 145, §  1;  66 Del. Laws, c. 162, §  1;  67 Del. Laws, c. 149, §  1;  69 Del. Laws, c. 335, §  1;  80 Del. Laws, c. 373, § 1; 
Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 2008–2025 · leading case: Elliott v. Fam. Court of Delaware, 570 F. Supp. 2d 600 (D. Del. 2008).
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Elliott v. Fam. Court of Delaware, 570 F. Supp. 2d 600 (D. Del. 2008). · cites it 3× “See 10 Del. Code Ann. § 1051(a), (c). The court acknowledges that the 10 day period for filing written objections regarding the July 2008 proceeding may have already passed, thereby foreclosing the avenue of review just described.”
Cimo v. State (Del. 2016). “Justice 2 10 Del. C. § 1051(b). 3 Id. 4 Del. Supr. Ct.”
Bailey v. Jackson (Del. 2016). “4 Whether interim or final, an order issued by a Commissioner is not a final judgment for purposes of appeal to this Court.5 (4) If, as Bailey contends, the Commissioner’s order was not mailed to him in time to avail himself of the Family Court appeal procedure, 2 Del.”
Wells v. Queary (Del. 2017). “2 10 Del. C. § 1051(a) (providing for the right of appeal to Supreme Court from a Family Court civil judgment); Del.”
Bueller v. Augustus-Debalt (Del. 2017). “June 10, 2016) (citing 10 Del. C. § 1051(a); Redden v. McGill, 549 A.”
Vercelli v. Ligotti (Del. 2019). “5 With respect to the appellant’s statements about her illness, we note that the appellant filed her notice of appeal within the thirty-day 2 Although the appellant argues that she could not appeal the Commissioner’s order within ten days, Family Court Civil Rule 53.”
Wilson v. DCSS (Del. 2021). “2 See 10 Del. C. § 1051(a) (“From any order, ruling, decision or judgment of the [Family] Court in any civil proceeding… there shall be the right of appeal as provided by law to the Supreme Court.”
Lockman v. Lockman (Del. 2024). “Valihura Justice 2 See 10 Del. C. § 1051(a) (“From any order, ruling, decision or judgment of the [Family] Court in any civil proceeding… there shall be the right of appeal as provided by law to the Supreme Court.”
Townsend v. Delaware (Del. 2024). “2 The notice instructed Townsend to respond within ten days and advised that if he did not respond, 1 See 10 Del. C. § 1051(b) (“From any order, ruling, decision or judgment of the Court in any criminal proceeding, there shall be the right of appeal in the first instance as…”
Leon v. Hanoch (E.D. Pa. 2024). “While León has the right to seek review of the PFA order by Delaware’s Supreme Court, see 10 Del. C. § 1051(c), that potential appeal is irrelevant to the order’s preclusive effect: “Delaware follows the majority rule that an appeal does not render a judgment non-final for…”
Porter v. Baker-Porter (Del. 2025). “LeGrow Justice 2 See 10 Del. C. § 1051(a) (“From any order, ruling, decision or judgment of the [Family] Court in any civil proceeding… there shall be the right of appeal as provided by law to the Supreme Court.”
Donaldson v. Jones (Del. 2014). “2 See 10 Del. C. § 1051 (providing for the right of appeal to Supreme Court from a Family Court civil judgment); Del.”
10 Del. C. § 1051(a): 7 cases
Elliott v. Fam. Court of Delaware, 570 F. Supp. 2d 600 (D. Del. 2008). “See 10 Del. Code Ann. § 1051(a), (c). The court acknowledges that the 10 day period for filing written objections regarding the July 2008 proceeding may have already passed, thereby foreclosing the avenue of review just described.”
Bailey v. Jackson (Del. 2016). “4 Whether interim or final, an order issued by a Commissioner is not a final judgment for purposes of appeal to this Court.5 (4) If, as Bailey contends, the Commissioner’s order was not mailed to him in time to avail himself of the Family Court appeal procedure, 2 Del.”
Wells v. Queary (Del. 2017). “2 10 Del. C. § 1051(a) (providing for the right of appeal to Supreme Court from a Family Court civil judgment); Del.”
Bueller v. Augustus-Debalt (Del. 2017). “June 10, 2016) (citing 10 Del. C. § 1051(a); Redden v. McGill, 549 A.”
Wilson v. DCSS (Del. 2021). “2 See 10 Del. C. § 1051(a) (“From any order, ruling, decision or judgment of the [Family] Court in any civil proceeding… there shall be the right of appeal as provided by law to the Supreme Court.”
10 Del. C. § 1051(b): 2 cases
Cimo v. State (Del. 2016). “Justice 2 10 Del. C. § 1051(b). 3 Id. 4 Del. Supr. Ct.”
Townsend v. Delaware (Del. 2024). “2 The notice instructed Townsend to respond within ten days and advised that if he did not respond, 1 See 10 Del. C. § 1051(b) (“From any order, ruling, decision or judgment of the Court in any criminal proceeding, there shall be the right of appeal in the first instance as…”
10 Del. C. § 1051(c): 1 case
Leon v. Hanoch (E.D. Pa. 2024). “While León has the right to seek review of the PFA order by Delaware’s Supreme Court, see 10 Del. C. § 1051(c), that potential appeal is irrelevant to the order’s preclusive effect: “Delaware follows the majority rule that an appeal does not render a judgment non-final for…”
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