Section 25-40.Habeas Corpus in Family Matters; the Petition

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceThis section requires a family habeas corpus petition to be under oath and to state the facts behind the custody or visitation claim, any earlier petitions and existing orders, and the facts giving the court jurisdiction.

Full Text of Section 25-40

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A petition for a writ of habeas corpus shall be under oath and shall state:

(1) the specific facts upon which each claim of custody or visitation is based such that the judicial authority would immediately order the child or children to be brought before the court;

(2) any previous petitions for the writ of habeas corpus, and any existing custody or visitation orders, involving the same child or children and the dispositions taken thereon; and

(3) the specific facts upon which the court has jurisdiction.

End

Amendment History

(P.B. 1998.)

Plain-English Summary

Habeas corpus is the ancient remedy for producing a person before a court, and in family matters it is used to bring a child before the judge. This section says what the petition must contain, and it must be under oath.

It states the specific facts on which each claim of custody or visitation rests — specific enough that the judicial authority would immediately order the children brought before the court. It states any previous habeas petitions and any existing custody or visitation orders involving the same children, and what was done with them. And it states the specific facts on which the court has jurisdiction.

The second item matters most in practice: it puts the case’s history in front of the judge at the outset, so a petition that repeats one already decided is visible immediately.

Frequently Asked Questions

What must a habeas corpus petition contain in a Connecticut family case?

Under oath: the specific facts supporting each claim of custody or visitation, any previous habeas petitions and existing custody or visitation orders involving the same children and their dispositions, and the specific facts on which the court has jurisdiction.

How specific do the facts have to be?

Specific enough that the judicial authority would immediately order the child or children to be brought before the court.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 25-40). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

Also known as: habeas corpus custody ConnecticutPractice Book section 25-40family habeas petition CTbringing a child before the court Connecticut