Corporate names & trademarks mentioned herein are the property of their respective companies. Are you facing a hearing where the court is threatening to hold you in contempt for not giving in to demands for a psych eval, custody eval, social study or something else that invades your privacy?
If you believe that the court did not satisfy the requirements of the law to make the demands they have made in an order against you like the requirement that you are ORDERED to submit to a psychology evaluation, a child custody evaluation, or to pay for a GAL that is appointed despite your objections, and you have presented a proper defense, the following habeas corpus motion sample might be helpful for you.
This is a good thing to have ready to file if you are planning to not give in to the demands of the judge.
So if you are asserting your parental rights as defined by both the United States Supreme Court and your own appellate courts (if there are any supportive rulings in your state), you are going to want to keep a completed habeas with you every hearing. Some parents give one to an attorney they are ready to retain if the court follows through with threats to throw them in jail. We recommend that you have an attorney look at the one you plan to file if you are doing this on your own before you go to the hearing so that you can be sure that you know the proper procedures and that the motion fits the format and rules for your state, including those in the state that the sample uses.
You might notice that we have put into this habeas some United States Supreme Court opinions, basic argument, and legal process by which you can request to be freed. Now comes _________________ , Relator herein, and requests that the Appellate Court release her from confinement at _____________________ , that the Court find the contempt order ___________________________ , void on constitutional grounds, that the underlying order ___________________ granting grandparent visitation be found void, and that the Trial Court be enjoined from further depriving Relator of her fundamental constitutional rights.
1)            Trial Court abused its discretion and violated Relator’s constitutional right to due process by denying a fundamentally fair process for asserting her rights. 2)            Trial Court abused its discretion and violated Relator’s parental right to make decisions for her minor child. 5)            That the Nebraska Statute ___________________ used in this case is unconstitutional on its face and as implemented in this instance. Fit parents have a fundamental constitutional right to determine who their child associates with. Under the North Dakota Constitution Article 1 Section 1 and section 12, parent’s rights are of the highest order and constitutionally protected. It is beyond question in this jurisdiction that parents have a fundamental constitutional right to parent their children which is of the highest order….
Both the United States Supreme Court and (list your state supreme court and any appellate courts in your state) have ruled that Judges may not intervene in these instances without first proving a legitimate state interest and finding the parent unfit or a clear and present danger. The United States Supreme Court has found that before a Court may incarcerate an individual for contempt, that individual must be afforded fundamentally fair procedures to comply with the due process requirements of the Fourteenth Amendment. The Judge in this instance assumed that the Statute in question _______________ was constitutional and that he had authority to find Relator in contempt without first proving the parent unfit as well as applying proper rule of law before defaulting to a statute without first balancing it with the constitutional protections of these fundamental rights to be free of state interference in the private decisions regarding one’s child, and proving beyond a reasonable doubt that Relator violated a constitutional statute.


Just as in Turner, fundamental fairness is the minimum bar and that bar has not been met in this instance. When the Trial Court finally got around to appointing a public defender for Relator and scheduled a hearing on her confinement on, ______________date_________ the Trial Court then failed to hold the hearing on the record with Relator present but instead held a closed door meeting with attorneys.
Be sure to subscribe to our website and receive notices when the new Daily Tool is posted each day. Come back to this blog every day this year and you will find another valuable tool posted to help you protect your family, your hard-earned money, and your ability to continue to pursue your life dreams with your child by your side.
Sherry has experienced the terror of divorce custody battles first hand and has found a way out for us all through the U.S. We are posting this because there has been such appalling abuse of power throughout the entire system and process, parents have been left in the dark not knowing how to protect themselves when abuse of power acts on their threats, and parents have been left with no legal help who will tell them that they can protect them when they refuse to consent. Some parents have given these to their parents or siblings and told them to be ready to file if they are thrown in jail by the judge.
This is a sample of a legal document that would be filed with the Appellate Court to get them to remove you from jail when falsely imprisoned. State judges cannot normally infringe upon that right even if the judge believes he can make a better decision. The North Dakota Supreme Court requires that any challenges to parental rights be reviewed under strict scrutiny. Only a compelling state interest justifies burdening the parent’s fundamental right to enjoy a relationship with his or her child, and the state must bear the burden of demonstrating the necessity for doing so in this instance.
In some cases that means that the accused if indigent must be afforded an attorney to defend them. At a minimum due process requires the right to be heard on the record, to call witnesses, and to cross examine witnesses. You can learn more about how to reason through your rights and protect your rights in our books and courses.
Parents who are fortunate enough to have found an attorney who will protect their rights give this to their attorney so that their attorney has an idea of how they might argue just in case they aren’t experienced with arguing parental rights for someone in their situation before. This means that the North Dakota statute must be presumed invalid, that the State must prove a compelling interest before it can intervene in parental rights, further laws governing that intervention must be narrowly tailored to the compelling interest, and the outcome of that intervention must be the least restrictive outcome possible. See Hoff v. Any information provided by me to you, regardless of how specific, is NOT intended to be legal advice under any state or federal law. Her book on this topic is titled "Not in the Child's Best Interest", and is available here.


Berg, 595 NW 2d 285 – ND: Supreme Court 1999, which is cited by the United States Supreme Court in Troxel v. I, § 1, includes “the right to enjoy the domestic relations and the privileges of the family and the home … without restriction or obstruction … except in so far as may be necessary to secure the equal rights of others,” which is protected and insured by the due process clause of N.D.
I provide research, written strategies, and non-professional personal opinions on the Constitution and State laws as free exchange of politically important information that also serves an important public need and interest allowed under the First Amendment. 2507 – Supreme Court 2011, (The record indicates that Turner received neither counsel nor the benefit of alternative procedures like those we have described. You are highly encouraged to engage an attorney in your State to help you with the specifics of your legal issues and the law in your State. He did not receive clear notice that his ability to pay would constitute the critical question in his civil contempt proceeding. If you are a pro se litigant then you bear all and full responsibility for understanding the law in your state and acting under the law in your state. No one provided him with a form (or the equivalent) designed to elicit information about his financial circumstances. Nothing you receive from me is intended to be a “legal” document for purposes of any type of filing in any court. The court did not find that Turner was able to pay his arrearage, but instead left the relevant “finding” section of the contempt order blank. You are free to use my words for your personal non-commercial benefit, or as an aide in petitioning your government for redress of perceived wrongs, if properly cited where appropriate. YOU TAKE SOLE RESPONSIBILITY FOR ANY LEGAL ACTIONS YOU PURSUE AND THE RESULTS THAT YOU GET. This Court has often addressed the constitutional nature of parents’ rights in making decisions in the course of raising their children. I MAKE NO CLAIMS OF LEGAL COMPETENCY IN THE LAW UNDER ANY GOVERNMENT STANDARD OF COMPETENCY IN THE LAW. Parents have a fundamental, natural right to their children which is of constitutional dimension. A parent’s paramount and constitutional right to the custody and companionship of their children is superior to that of any other person.



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