Welcome To Habeas Corpus
Latin for "you have the body" or "produce the body." The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights. The writ is "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action." Harris v. Nelson, 394 U.S. 286, 290-91 (1969).
Well, what the heck does that mean? Essentially, a person has the right of judicial redress (setting an injustice right) against unconstitutional actions taken by state courts against him (or her). In other words, he has the constitutional right to present himself before the court to address unconstitutional actions or rulings made by state courts against him. But, isn't that just for prisoners? Habeas corpus is often used (and abused) by and for prisoners often under the claim of denial of due process of law (a constitutional guarantee of fair laws, fair legal proceedings, notice of said proceedings, and a right to be heard before the government acts to deprive you of life, liberty and property).
But, did you know that habeas corpus ALSO applies to Family Law?
In family law, a parent who has been denied custody of his child by a trial court or ex parte hearing may file a habeas corpus petition. Also, a party may file a habeas corpus petition if a judge declares her in contempt of court and jails or threatens to jail her.
Example: Davis v. Crownpoint Family Court, 2003, NAN0000012 online at http://www.versuslaw.com
Facts: Davis (Mother) has two minor children. At the time of this litigation, Halloway (Mother’s intimate partner) had never established paternity. Halloway alleged that he was the victim of domestic abuse by Mother. The Crownpoint Family Court granted an ex parte temporary restraining order to Halloway, giving him custody of the two children. The Crownpoint Court further found that Mother was an unfit parent and she was detained at the Crownpoint Public Safety Facility. No proof was offered by Halloway to show that Mother was indeed abusive and Mother was not afforded the opportunity to rebut the presumption of unfitness. Halloway subsequently removed the children from the state and enrolled them in a new school. Mother challenged the court ruling and requested that the Supreme Court order the children returned to the Navajo Nation.
Holding: The Supreme Court reversed the decision of the Crownpoint Family Court and issued a writ of habeas corpus to have the children returned to Mother. The lower court violated Mother’s due process rights by finding that she was unfit without a hearing or without proof that she committed acts of abuse. The Supreme Court further ruled that a family court has no jurisdiction to grant custody of a child without a legal determination of paternity. Mere claim of biological parenthood is not enough to entitle a parent to child custody. The best interests of a child are paramount in custody decisions and a determination of paternity.
Practical Application: A legal finding of unfitness should be based on evidentiary proof and a mother who is alleged to be unfit should have the opportunity to rebut that presumption. The law specifically allows this opportunity to the mother, as the Navajo Nation is matrilineal and there is a preference for child placement with the mother.
Ok, so what good does that do me when the judicial system (family court judges, attorneys, evaluators, etc.) is so fundamentally corrupt? What are the odds that I'll get a fair judge and an honest, competent attorney? And isn't it true that the higher courts (particularly in CA) almost always side with the lower courts--regardless of the brazen heinousness and RICO criminal conduct of the lower court? (E.g. See CA Now's Report on Family Court; The Liz Library's LizNotes; MOLC's handbook, "Warning to Mothers..." and the Harsh Judgment Article on this site's links page.) What can I do to secure my rights?
What you can do is join a statewide appeal to the CA Supreme Court that addresses these civil rights violations occurring everyday in California family and juvenile court: www.reuniteourfamilies.org
About the Habeas Corpus Site
This site was created to provide information, strategies, solutions and prevention tactics for victims of crime. Its objective is to help victims of violent and Family Law Court RICO crime--particularly battered mothers who have lost custody or full-custody of their abused children to a violent offender via Family Court fraud. Although structured for mothers, this site holds information for all women-particularly crime victims trying to navigate the dark halls of the so-called justice system and the ever-dissipating "rights" -both constitutional and victims' rights- of women & children.
HOW COULD THIS HAPPEN ?!?!
Many mothers find themselves shell-shocked, horrified and downright baffled, wondering, "How could this happen to a child? to my child? to me? How could this happen in America?" and stunned when they discover many court affiliates are willing and eager to harm women & children--even kill--for money.
Now, before anyone says, "It's about 'education,'" [It ISN'T] let's get some facts straight. What's happening in CA Family Court has nothing to do with education and everything to do with RICO criminal conduct. It's a given that judges and attorneys should--at a minimum--have a basic grasp of the Constitution and the rights it guarantees every citizen. It's also a given that evaluators should--at a minimum--have a basic grasp of the most critical human boundaries: "do no harm to those harmed"--especially to children. Clearly, we all know these "givens": we enact and design private/public institutions, laws & regulations around them. So, you have to wonder why then are so many CA Family Court judges, attorneys, and evaluators expending so much energy destroying and suppressing evidence--especially evidence of crime and abuse? Why are they so flagrantly and egregiously violating State, Federal and Constitutional Law as well as the Constitutional rights of battered mothers and abused children? The Family Law code is clear, so is the Constitution; so what on Earth is happening? Simply put: A profitable--although heinous--exploitation via RICO criminal conduct in the Family Courts.
"Education" is not going to stop or "cure" anyone who is willing to seriously harm or endanger women and children. Ask any FBI Agent or Criminologist, anyone who has access to crime statistics or data: "education" is about ZERO % effective, whereas ACCOUNTABILITY isn't because ACCOUNTABILITY works. Not only does accountability deter crime and potential criminals, it removes repeat offenders from the populace--and the bench.
But accountability can't happen when a state won't regulate. What use are laws, authoritative bodies, government or even the Constitution without regulation? What use when rarely upheld, honored or enforced? What climate is created? Criminal attracted? Especially in court?
THAT is how CA Family Court corruption happens. Criminals are going to flock to where they're going to thrive and there's no place better than family court. California's refusal to regulate, to honor the Constitution, to hold court criminals accountable, to even take a look, is why any criminal--be he judge, attorney or evaluator--can committ as much crime as he or she wants (RICO; Public Corruption). Easy, since most of us assume that civility and lawfulness would be in the one place it's guaranteed: the court; and that the most vulnerable: abused children and mothers, would be protected there. Tragically, they're the easiest of prey. Read CA Family Law page for more information.
Now, the next time someone offers "education" as an answer, put your hand up and say, "Stop! Stop making excuses for criminal conduct in the court, criminal negligence and cultural apathy. It's that kind of garbage rhetoric that's killing our kids!"