WRIT OF HABEAS CORPUS–Can Candy Spelling force Tori Spelling to let her (Candy) see her grandkids?
This thing, a writ of Habeas Corpus, has always been a very exotic animal to me. I mean, what the hell is this, I’ve asked myself? How can I get one?
Well, I can tell you that Habeas corpus is just another way of saying bring the body to the court to see the judge. That’s it. Not so exotic after all. It means bring the body to the court to see the judge. It is employed mostly in criminal cases to determine if the imprisonned person was deprived of constitutional rights and due process, but it is now used frequently in civil cases and family law cases, including custody cases and grandparent visitation cases. If you want to get really technical and fancy, I can tell you there are all these other fancy schmancy habeas corpus writs like:
habeas corpus cum causa — which means bring the body of the defendant from an inferior court to a superior court; and habeas corpus ad subjiciendum which basically means, hey you, Tori Spelling! Produce those grandkids of Candy Spelling in court STAT! The ad subjiciendum writ is also known as the “Great writ of Freedom.”
Okay. So. Still reading? Okay. Can Candy Spelling get a writ of habeas corpus against her daughter Tori? Should Candy, who claims her daughter is not allowing her to see the grandkids ask the court to force Tori to let her see the kids? In New York she could move by habeas corpus to see those kids. The Family Court Act specifically allows the grandparents to move by habeas corpus to get visitation with the grandkids. And in some cases, the parent may be ordered to produce those kids in court so that the court could inspect to see that they are okay. And failure to comply may result in imprisonment until the production of the corpus.
I mean, while she has the right to bring this action, I think Candy would be insane to do it. Way to get Tori to hate her ad infinitum. Plus, the mere fact that you got the writ does not mean you will win the case. There will be a proceeding to determine if your due process rights have been violated, if by refusing to let you see your grandkids, Tori has violated your due process rights. But your right to see the grandkids is not absolute. Yes, you have standing to bring the case, but then you have to prove it is in the children’s best interest to have a relationship with you.
Obviously, warring mother/daughter is not a healthy scenario for the grandkids. And that will be factored heavily into a court’s decision–habeas corpus or no habeas corpus.Sign Up! Get Free Giveaways, New Ideas & Latest News Valid email for entry Thanks 🙂