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Sample Petition For Habeas Corpus and Custody
Sample Petition For Habeas Corpus and Custody
PETITION
6. Sometime at the end of 2003, the two found out that the
Respondent was pregnant. Although the Petitioner realized the shame
that the Respondent will endure as soon as the news that she got
pregnant out of wedlock comes out, Petitioner himself was confused
because he could not know for sure if he was the father of the child,
since the Respondent was dating and was having pre-marital sex with
other men at that time. Not knowing what to do, the Respondent went
back to the Philippines. Thereafter, the Petitioner, still confused by the
situation,followed and likewise came home.
10. The Respondent often leaves the children alone with little
and at times without adult supervision. The children are mere toddlers
and accidents are bound to happen when they are left alone, even for
just a brief period of time.
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in front of the house of Petitioner’s mother, with the windows
closed and with no air-conditioning. For some reason, the maid
left the car, leaving John Paul, all alone inside, without adult
supervision. Thus, John Paul almost suffocated, so much so that
the child, only 2 years old at that time, was madly banging the
car in order to get out of it. It was then that the Petitioner’s
sistersaw John Paul, and opened the car finding the child soaked
in sweat and gasping for breath.
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This could have caused asphyxiation to a feeding toddler
because of the milk that spurts out of the huge cut. It may even
cause choking in the event that the child finally bites off the cut
teat.
11. The Respondent does not care if the children sleep or eat
on time or if they are getting enough sleep or proper nutrition. She
spends so much time chatting in the internet or watching television or
hanging out with her friends that she neglects to perform her
obligations to her children.
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would often go home from these parties by midnight or even past
midnight.
13. Finally, the Respondent’s lack oflove and care for her
children is manifested by her failure to take time out to teach and
educate her children during their cognitive years. She would lock
herself inside the office room in the third floor so that the children could
not bother her.
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served if they stay with the Petitioner, with temporary visitational rights
from the Respondent.
19. It was then clear that the Respondent wishes to deprive the
Petitioner of his right to the care and custody over the children. In fact,
had he not stood his ground and insisted on seeing his children that
day, the Respondent would not allow him see his children. Respondent
even called security guards to make sure that the Petitioner does not
take the children away. The Respondent claims that since she is the
mother of the children, the latter should stay only with her.
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parental authority over their unemancipated children are entitled,
among other rights, “to keep them in their company.” In legal
contemplation, the true nature of the parent-child relationship
encompasses much more than the implication of ascendancy of one
and obedience by the other. As explained by the Supreme Court in
the case of Santos, Sr. v. Court of Appeals1, to wit:
24. The Respondent has the means and the capacity to bring
the children out of the country to the extreme prejudice of, and injustice,
to herein Petitioner. It is thus prayed that the Honorable Court
immediately issue a Hold Departure Order to prevent either of the
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parties from bringing the children out of the country without the consent
of the other parent and the Honorable Court.
PRAYER
Other reliefs, just and equitable under the premises, are likewise
prayed for.