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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234