In an application for a writ of habeas corpus, is the court bound by virtue of the fact that the court has granted custody of a child in a custody dispute?
Alberta, Canada
The following excerpt is from Berg v. Young, 1982 CanLII 1206 (AB QB):
It is also accepted that in applications for habeas corpus which concern the custody of children, the courts have exercised a larger jurisdiction than would otherwise be the case. In addition to freeing the child from illegal restraint, the courts in their character as parens patriae actually decide to whom custody ought to be awarded (Stevenson v. Florant, 1925 CanLII 51 (SCC), [1925] S.C.R. 532 at 542, [1925] 4 D.L.R. 530).
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