A person entitled to the custody of another person, unlawfully confined or detained by a third person, as a parent, guardian, committee, spouse, or domestic partner, entitled to the custody of a minor child, ward, spouse, or domestic partner, upon application to the court or a judge as provided by this chapter, and showing just cause therefor, under oath, is entitled to a writ of habeas corpus, directed to the person confining or detaining, requiring him forthwith to appear and produce before the court or judge the person so detained, and the same proceedings shall be had in relation thereto as provided for by this chapter. The court or judge, upon hearing the proofs, shall determine which of the contesting parties is entitled to the custody of the person so detained, and commit the custody of the person to the party legally entitled thereto. For the purposes of this section, the term “domestic partner” shall have the same meaning as provided in § 32-701(3).

History

Dec. 23, 1963, 77 Stat. 584, Pub. L. 88-241, § 1

Mar. 24, 1998, D.C. Law 12-81, § 10(t), 45 DCR 745

Sept. 12, 2008, D.C. Law 17-231, § 20(f), 55 DCR 6758

Sept. 26, 2012, D.C. Law 19-169, § 20(b), 59 DCR 5567

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.

Effect of Amendments

The 2012 amendment by D.C. Law 19-169 deleted “lunatic” following “minor child, ward.”

D.C. Law 17-231 substituted “spouse, or domestic partner” for “or husband” and “or wife”; and inserted “For the purposes of this section, the term ‘domestic partner’ shall have the same meaning as provided in § 32-701(3).”

Prior Codifications

1973 Ed., § 16-1908.

1981 Ed., § 16-1908.

Cross References

Representation of indigents in criminal cases, see § 11-2601.

Custody of children, divorce or annulment, see § 16-911.