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In Texas, a writ of habeas corpus is a court order in which the judge demands a law enforcement agency to produce a detainee for a court hearing. Prosecutors must show that they have a valid reason for detaining the person. If the detention is illegal, the detainee can be released.
Habeas corpus, or the Great Writ, is the legal procedure that keeps the government from holding you indefinitely without showing cause. When you challenge your detention by filing a habeas corpus petition, the executive branch must explain to a neutral judge its justification for holding you.
An example of habeas corpus is if you file a petition with the court because you want to be brought before a judge where reasons for your arrest and detention must be shown. The right of a person to obtain such a writ.
If your ex does fail to return the kids, their actions break both criminal and civil law, and also violate the custody and visitation orders that you have in place. At this point, the police can step in to recover the children, and they can charge your ex with kidnapping. You can also sue for damages.
Habeas corpus, or the Great Writ, is the legal procedure that keeps the government from holding you indefinitely without showing cause. When you challenge your detention by filing a habeas corpus petition, the executive branch must explain to a neutral judge its justification for holding you.
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It is an order issued by a court or judge of competent jurisdiction, directed to any one having a person in his custody, or under his restraint, commanding him to produce such person, at a time and place named in the writ, and show why he is held in custody or under restraint.
The Bench noted that in a petition seeking writ of habeas corpus in a matter relating to a claim for custody of a child, the primary duty is to find out if, from the facts of the case, it can be ascertained that the custody of the child is illegal, as held by the Apex Court in Nithya Anand Raghavan.
Texas courts can make a person comply with a custody order through contempt proceedings. When a court finds a person in contempt, it can force the person to pay a fine or, in some cases, go to jail.
If the non-custodial parent refuses to cooperate with the terms of your custody order, you can seek a legal remedy for custody enforcement or a modification to your order.
Interference with child custody is a crime and gives law enforcement officers the power to arrest non-compliant parents under certain circumstances. According to the Texas Penal Code, interference with child custody is a felony punishable with time in prison.

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