155. Minors and mentally disordered persons.

A parent, guardian, or other person who is legally entitled to the custody of a minor1 can regain that custody when wrongfully deprived of it by means of the writ of habeas corpus, although it has been held that the use of the writ of habeas corpus is inappropriate in proceedings in the Family Division and that issues relating to the custody of minors should be dealt with under the wardship jurisdiction2. The courts will not, however, allow either an application for habeas corpus or a prerogative order or the use of wardship proceedings to defeat the powers vested