What is a writ of habeas corpus?

I want to talk to you about writs of habeas corpus today; what are they, what are they used for, and what do you need to prove in order to get a writ of habeas corpus?

The writ of habeas corpus is basically a type of court order that is ordering a party who has physical possession of the body of another person to bring that body before the court.

Now, in the context of family law, writs of habeas corpus are typically used when you have one party who is unlawfully detaining children away from the other party.

And what it basically does for you is it commands that person to bring that child before the court so that the court can make a determination of where the child needs to go.

Now some key things to be aware of: the child, there has to be unlawful detention or the threat of unlawful detention.

So, for example, where you might get a writ is, let's say you get emergency custody of your child, and the other party is non-compliant with that.

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