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
The right and responsibility to make major decisions about a child's upbringing, including education, healthcare, and religious training.
Physical CustodyThe right to have the child live with you, determining where the child resides on a day-to-day basis.
Order of ProtectionA court order that prohibits an abusive person from contacting or coming near the victim, also known as a restraining order or protective order.
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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.