Not an emergency serviceIn danger? Call911988 Crisis Lifeline1-800-799-7233 (DV)
divorce911.ai
ES
Legal Procedure

Habeas Corpus

A legal action requiring a person holding a child to bring them before the court, used in custody disputes when a parent unlawfully withholds a child.

Understanding Habeas Corpus

In family law, a writ of habeas corpus is an emergency remedy used when one parent wrongfully retains physical possession of a child in violation of a custody order. The writ compels the person holding the child to appear in court and justify why they should not return the child. It is a faster alternative to contempt proceedings and is often used in parental kidnapping or custodial interference situations. Courts treat these petitions with urgency due to the child's welfare.

Real-World Examples

When her ex refused to return the children after his weekend visitation, she filed a habeas corpus petition and the court ordered their immediate return.

Related Terms

Related Guides

Have Questions About Habeas Corpus?

Our AI advisor can explain how habeas corpus applies to your specific situation — free, private, and available 24/7.

Ask About Habeas Corpus

Was this helpful? Help us keep it free.

divorce911.ai is funded entirely by donations. Every dollar keeps the AI assistant and 1,700+ guides free for people in crisis.

Support Us

Know someone going through a divorce? This could help them.

This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.

Always consult a licensed attorney in your area for advice specific to your situation.