How to Prepare a Writ for Family Law Judgment
If you are looking for a writ of assistance or Habeas Corpus, you should follow the steps below to get started. These are both new proceedings and require a new RJI or Index number. The CPLR Article 70 governs the Writ specifically, while Article 4 governs special proceedings in general. If you are thinking of preparing a writ, you should understand that there are several different types of Writs that you may need.
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Writ of assistance
A writ of assistance is a court order that grants a person access to certain property or to take certain actions. It can enforce your rights as a result of a divorce, child custody, or other family law judgment. However, the process is complex and should only be pursued with the advice of an attorney. Here are the steps involved:
-Writ of assistance for child custody and visitation – A writ of assistance gives the local police authority to enforce the parenting time and visitation plans in a divorce. Unfortunately, many law enforcement officers will not intervene if parents fail to follow a parenting plan. By requesting a writ of assistance, a judge can compel your spouse to follow the parenting plan, which is often an essential part of a divorce settlement.
Writ of Habeas Corpus
In family law, a Writ of Habeas Corpsus can be used to challenge an order to show cause and a court judgment that determines custody of a child. It is not necessary that a matrimonial action is pending for a Writ of Habeas Corpus to be effective. Usually, a Writ of Habeas Corpus will only be granted if one parent is an inhabitant of the state.
The person who is detained must have a written authority to appear in court, either a certified or exemplified copy. The petitioner must be in the power of the respondent and under the respondent’s custody or restraint. Alternatively, the petitioner may have custody of a child and be refusing to comply with the court order. In this case, a Writ of Habeas Corpus is used to challenge a court order to ensure that a parent returns to their children.
When you are trying to fight an illegal arrest or detention, a Writ of Habeas Corpsus may be the right route for you. This procedural device protects the right to freedom against arbitrary state action and allows a person to challenge the legality of their current detention. Although it can be costly, the benefits of a Writ of Habeas Corpus outweigh its costs.