In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. However, federal habeas corpus proceeding cannot normally be used as a vehicle to change a state court's child custody decision.
North Carolina Petition for Writ of Habeas Corpus to Restore Custody to Parent
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Habeas corpus means literally, "you have the body." A writ of habeas corpus is an order that requires jailers to bring a prisoner before a court or judge and explain why the person is being held.
Every person imprisoned or restrained of his liberty within this State, for any criminal or supposed criminal matter, or on any pretense whatsoever, except in cases specified in G.S. 17-4, may prosecute a writ of habeas corpus, ing to the provisions of this Chapter, to inquire into the cause of such imprisonment ...
It is used when a child is being wrongfully detained. The court will decide based on the best interests of the child who should have custody.
Service of Process Resources A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
A writ of habeas corpus in California is where an inmate challenges their conviction or sentencing. A writ of habeas corpus is a legal petition presented to judges in criminal cases by inmates in custody where they are challenging their conviction or sentencing conditions.
What is a writ of habeas corpus? A court order that requires police to bring a prisoner to court to explain why they are holding the person in custody or under restraint.
The habeas corpus remedy offers a particularly effective means for obtaining a prompt custody determination?. it may be that custody questions need immediate resolution? A custody determination could?be pursued by petition and order to show cause but a writ proceeding is apt to move to a hearing more quickly.