Writ of Habeas Corpus in a Child Custody Proceeding | THE PALMER LAW FIRM

A writ of habeas corpus requires the person illegally holding a child in violation of custody orders to bring the child to a court hearing to determine who has the superior right to possession of the child. In a recent case, I represented a father who was the primary caregiver under a prior order. Years later, the mother never returned the child from a holiday visit, and the father spent many desperate months trying to track his child down before coming to me for help. We immediately filed the writ of habeas corpus but mother played “cat and mouse” until we finally got her served. On the day of the hearing, the mother failed to produce the child in court nor did she even appear in person as direct to by the writ. However, the mother did appear by telephone. (This was a violation of the writ). After a brief hearing the judge granted our order to return child and ordered the mother to return the illegally restrained child to the father by 5 PM that night otherwise he would issue a writ of attachment and bring sheriffs to her door and physically take the child.

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