EP274 Withholding Kids – What is a Writ of Habeas Corpus? With Dannielle Simms

In this episode, attorneys Mac Pierre-Louis and Dannielle Simms discuss the legal concept of a writ of habeas corpus, which is used to return a child to the parent with the superior right to possession. They explain that this remedy is often necessary when one parent is withholding a child from the other parent in violation of a court order.

The attorneys emphasize the importance of timing and having the superior right to possession when filing a writ, as the court must be able to immediately enforce the order. They also discuss alternative options, such as enforcement actions or modifications, that can be used to compel compliance with custody orders.

The key points highlighted are: 1) the need to act quickly when a parent is withholding a child, 2) the requirement of having the superior right to possession, 3) the potential for attorney’s fees and other penalties if a parent unlawfully withholds a child, and 4) the importance of complying with court orders to maintain a positive co-parenting relationship.