Habeas Corpus (Rule 102; See also AM 03-04-04-SC)

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1. Under Section 20 of the custody rule, in what form is a petition for habeas corpus involving a minor's custody filed?
2. What is the territorial reach of a writ issued by the Family Court under Section 20?
3. What consideration governs the custody determination discussed in Carnabuci's main opinion?
4. A child freely stays with a third person, while a parent brings habeas corpus to determine the right to custody. Does t…
5. The Family Court's presiding judge is absent and an urgent minor-custody habeas petition is filed in the regular court …
6. A higher court issues a child-custody habeas writ and makes it returnable for merits hearing in a proper lower court. U…
7. A child over seven with sufficient discernment expresses a custody preference. Credible evidence raises the chosen pare…
8. Distinguish the ordinary illegal-restraint function of habeas corpus from its use to determine rightful custody of a ch…
9. Explain Section 20's Family Court and higher-court routes for a minor-custody habeas petition, including territorial en…
10. A parent treats issuance of a child-custody habeas writ as automatic final victory. Explain why issuance, production an…
11. Under Rule102 Section3, may someone petition on the detained person’s behalf?
12. Must the habeas return disclose the true and whole asserted cause of custody?