Habeas Corpus is a writ or procedure that protects a person from illegal detention by another person(s) or other authorities by being ordered to appear in court to argue their case against such a detention. In such case, the holding authority has to comply with the court’s ruling and present the detainee failing which he or she could be tried for contempt. Although usually used in criminal cases, this procedure can be also used for family law disputes. The writ of habeas corpus is a protection force against violation of a person’s fundamental right of freedom.
For example, a parent can try to secure the custody of a minor child if it happens that the other parent has taken illegal custody of the same. Thus, according to the writ of habeas corpus definition, the dispute will have to be taken to court and the arguments of both parents will be heard.
Given below are the guidelines to file a family law based writ of habeas corpus:
- Consult a lawyer and discuss your case. The lawyer will then prepare a case and decide how the petition will be filed.
- Verify which court has jurisdiction to hear your writ. The Supreme Court has jurisdiction to hear the writ in New York and the Superior Court in Georgia.
- Fill the writ with all the required details. The case petition is to be written at the top of the writ defining the various fields. The writ of habeas corpus definition should include the name of the court, the county and the state from where you are filing the petition.
- In the “Petitioner” field, write your name. Fill in the “Respondent” field as “v. [Person wrongfully detaining child]“.
- Center the title and write it under the case caption. Label the title as “Petition for Habeas Corpus.
- Mention the reasons for filing the writ. Write in detail the events the occurred that made you file the case. Mention about yourself and how your child was wrongfully detained.
- Take a copy of the petition and send it to the clerk in the court who has jurisdiction.
- Along with the petition, mention the details of the current location of the respondent so that the court can send a notice and a copy of the document.
A minimum of ten days is granted to the defendant to appear before the court along with the detainee.Google+