The history of the Habeus Corpus writ petition goes all the way back to the English common law system. If the writ is properly applied, it empowers the court to command a person or persons who are holding someone against their will, to produce them before it and to also produce proof of the necessity to restrain the person who is detaining another person. If the accused is unable to give proper cause for what can otherwise be construed as abduction, the person he had formerly detained has his restraints removed and is released. The writ of Habeus Corpus definition is applicable in the case of children as well as adults. In case of children, for the writ to apply, they must be restrained in some way, but not by the police.
The Habeus corpus is pronounced in cases where the child is being held by another person other than the parent, or against their will. A good instance of this is when the child pays a visit to his paternal grandparents for a week, after which they decide the child should stay with them and so refuse to return him. The court usually checks all the factors before deciding on what is best for the child. The writ itself cannot be used to change the existing custody order, except if the circumstances are dire.
Who can petition for a Habeus Corpus writ?
To petition the court for a writ of Habeus Corpus, the person doing so must be either a parent, or a person who has custodial claim over the child. In cases where the parent or the custodian is evident to be unfit, a third party can likewise petition the court.
Which courts have jurisdiction
When a petition for Habeus Corpus has been filed in a custodial case, superior courts in the county of residence have jurisdiction, unless there already exists an effective juvenile court order, in which case jurisdiction remains with the juvenile court.
How to remedy the situation
Once the accused fails to comply with the orders in the writ, and shows enough reason for action to be taken, a warrant of attachment can be issued against that person. This warrant directs a county sheriff to make the person detain and produce the missing person before the court.
These are some of the facts regarding the writ of Habeus Corpus definition. Hope you found them helpful.Google+