FORM
5.18 Order and Petition for Issuance of Warrant in Lieu of Writ of Habeas
Corpus
IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF PENNSYLVANIA
PETITIONER
vs
No.
DEFENDANT
ORDER FOR ISSUANCE OF WARRANT
IN LIEU OFWRIT OF HABEAS CORPUS
The Convention on the
Civil Aspects of International Child Abduction done at the
Hague on 25 October
1980, Article 7(b) International Child Abduction Remedies Act,
42 U.S.C. 11604
AND NOW, this
____________ day of __________________, 20______, upon
consideration of the
Petition for Return of Children Pursuant to the Convention and the
International Child
Abduction Remedies Act and Petitioner's Petition for Warrant in Lieu of Writ
of Habeas Corpus, it
appearing to the Court that the children, ________________________,
persons under the age
of sixteen (16) years, are illegally held in custody, confinement or
restraint by
[RESPONDENT] at ________________________ and there is reason to believe
that the above-named
children will be carried out of the jurisdiction or suffer some irreparable
injury, it is hereby
ORDERED and DECREED that:
THE UNITED STATES
FEDERAL MARSHALL shall take into protective custody the
above-named children
and deliver them into the custody of the Department of Human Services
where they shall
remain in custody until a hearing is scheduled, said hearing to be held
promptly.
This case shall be
heard at a hearing on the ____________ day of __________________,
20______, at
____________ o'clock ____________.m., or as soon thereafter as counsel
may be heard. The
United States Marshall shall serve a copy of the following listed documents
on [RESPONDENT] and
execute and deliver to Petitioner the appropriate proof of service
thereof:
(1)Warrant
In Lieu of Writ of Habeas Corpus; and
(2)Notice of Petition Under Hague Convention; and
(3)Petition for Return of Children to
Petitioner.
Petitioner shall not
remove [THE CHILDREN] from the United States pending further order
of this Court. This
Order gives any peace officer within the State of Pennsylvania the authority
to search the
premises of [RESPONDENT] at __________________ or any other place
where [THE CHILDREN]
are reasonably believed to be present.
__________________
J.
IN THE UNITED STATES
DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PETITIONER
vs
No.
DEFENDANT
PETITION FOR ISSUANCE OF A WARRANT IN LIEU
OF
A WRIT OF HABEAS CORPUS
The
Convention on the Civil Aspects of International Child Abduction, done at the
Hague on October 25, 1980,
Article
7(b) International Child Abduction Remedies Act, 42 U.S.C. 11604
11.
Petitioner, [PETITIONER], is a person as defined by 42 U.S.C. 11602(5) who
has a right of
custody
of [THE CHILDREN], for whom this Petition has been filed. Such right of custody
has been
breached
within the meaning of Article 3 of The Convention on the Civil Aspects of
International Child
Abduction,
done at the Hague on October 25, 1980, (``The Convention'').
12.
The Children are being illegally held in custody, confinement or restraint by
[RESPONDENT]at
__________________.
13.The
parents of the children, Petitioner and Respondent, were married on
__________________
and
separated on __________________ in __________________.
14.On
__________________, the Respondent wrongfully removed the Children within the
meaning
of
Article 3 of The Convention and has since failed to return the Children to
Petitioner. Respondent
picked
up the Children from __________________ and was to return the children to
Petitioner on
__________________.
Respondent has never returned to __________________ with the Children.
15.Petitioner
believes that the children are in danger and that Respondent will further
conceal the
Children
unless the Children are taken into immediate custody by the Court. Respondent
has threatened
harm
to Petitioner and her family if she came near the Children.
Page
45
16.Petitioner
believes that the children will be removed from the jurisdiction of this Court
unless a
warrant
is issued.
17.A
Petition for the Return of Children to Petitioner has been filed
contemporaneously with this
Petition
for Issuance of a Warrant in Lieu of a Writ of Habeas Corpus. No other
application for a writ of
habeas
corpus or a warrant in lieu of writ has been made by or on Petitioner's behalf
for the Children.
18.Attached
as Exhibit ``A'' is a completed Declaration Under Uniform Child Custody
Jurisdiction
Act.
WHEREFORE,
Petitioner respectfully requests that this Honorable Court issue a Warrant in
Lieu of a Writ of
Habeas
Corpus, directing the federal marshal to take the Children into custody and
immediately deliver the Children
into
the custody of the Department of Human Services.
__________________
Attorney
Attorney
for Petitioner
__________________
Of Counsel.
Dated:
__________________