The Writ of Habeas Corpus

One of the most powerful tools of the law is the Writ of Habeas Corpus. Attorneys are cautioned regularly by judges not to abuse this particular tool, but I have seen it over and over again abused by attorneys in visitation cases, where their client feels they arent' seeing their children enough. The real reason to use a writ is when one party has secreted or taken the child or children from the other parent and refuses that parent access.

Such is the case I have before me today. It is really tough sometimes representing what I refer to as the "Good Guy." The "Good Guy" (either male or female) usually follows all the rules and listens to his/her attorney. Sometimes though you really need him(or her) to follow her gut. Chances are the "Good Guy is not married to another "Good Guy" therefore, there is always someone not following the rules. Sometimes, just sometimes I would like it to be my client.

Being a "good guy" can make it harder and certainly more expensive to get a case off the ground. Most times a writ can be avoided if my client can already maintain control over the situation and have the children with him/her we can ask for a simple order of temporary custody. The Writ involves a hearing before custody will normally be issued, even temporarily and involves a court appearances and perhaps a full day lost if the opposing party fails to show up. Then a bench warrant will need to be issued and an exparte application turns into a week long process.

Ok, so a Writ is issued; everyone appears before the judge to tell their story. I request interim orders and tests to establish my "good guy" status and the judge listens to our stories. Chances are with the new laws out the other side is awarded a legal aide attorney( which entitles a non monied spouse to legal aide in a custody battle). Depending on the judge we will probably be asked to wait around a while...justice takes its time.

Let's hope the child in question is being looked after by someone responsible in the meantime.....